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]
11.5pt;">
Thank you for your letter inquiry dated September 24, 2014 regarding [redacted]’s 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 March 23, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 16, 2004 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 25, 2010. The balance at the time of purchase was $1,818.19.
[redacted]s expresses a concern that his validation requests have been ignored. Midland Credit sent [redacted]s a validation letter on March 27, 2011. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was sent at the same address listed within [redacted]s’ complaint and was not returned as “undeliverable” by the United States Postal Service – thus satisfying the notification requirements of the FDCPA.
Midland Credit’s business records indicate that it received the first correspondence from [redacted]s on August 12, 2014. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted]s and collect the debt.
Based on the information [redacted]s provided, and pursuant to the [redacted] Finance Code, Midland Credit responded to his August 12, 2014 correspondence by sending him a letter advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
Aside from the above, [redacted]s writes that he has never had an account with Midland Credit. Consumers are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]s’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
With that said, Midland Credit stands ready to assist him in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted]s provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted]s should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted]s is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted]s call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated April 28, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
In addition to the follow-up letter inquiry from your office, [redacted] expressed a similar concern through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the follow-up letter from your office would essentially be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response to the CFPB; [redacted] states that she agreed to pay on the account in exchange for the deletion of the account from her consumer credit files. A review of Midland Credit’s business records indicates that no payments have been received by Midland Credit, nor has a representative advised that the account would be deleted from [redacted]’ consumer credit files should that occur. Midland Credit has consistently and correctly reported the account as, “account assigned to internal or external collections.”
While Midland Credit would be pleased to assist [redacted] in reaching a resolution which settled the balance for the above-referenced account, it is Midland Credit’s policy to report all accounts accurately. Should [redacted] reach such a resolution, Midland Credit would notify the credit reporting agencies to update the reporting of the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Based on the information provided by the seller, Midland Credit maintains its position that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear *** ***
12pt;">
Thank you for your letter inquiry dated April 15, 2014, regarding *** ***’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 accounts belonging to another consumer. During a search for the correct consumer, *** ***’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
*** ***’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. *** *** will no longer receive calls from Midland Credit representatives regarding the referenced account.
Aside from the above, *** *** expresses a concern that Midland Credit representatives have contacted him after 9:00pm local time. Please assure *** *** that Midland Credit has safeguards in place to prevent its calls from being placed before 8:00am local time and after 9:00pm local time. Midland Credit’s determination of which local time should control is based on information then available to it, including the phone number’s area code. *** ***’s telephone number contains an area code belonging to *** *** Based on that information, Midland Credit attempted to contact *** *** at times consistent with Central Standard Time. All calls were placed after 8:00am and prior to 9:00 pm Central Standard Time.
With that said, *** ***’s telephone number *** has been added to an exclusion list to prevent it from being called in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***.
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at *** *** *** *** should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Roman">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 3, 2015.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
two accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf
of purchaser, Midland Funding, LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on June 16, 2008 as an [redacted] account
number ending in [redacted], in the name of [redacted], under the last four
of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on February 26, 2009. The balance at the
time of purchase was $606.66.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, on December 15, 2010.
Information provided by the seller, [redacted]., at the time
of acquisition indicates this account was originated on August 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 January 31, 2009. The balance at the time of purchase was $977.13.
[redacted] expresses a concern that Midland Credit ignored a validation request she
sent regarding the accounts on March 27, 2015.
Midland Credit sent [redacted] separate and unique validation letters –
on October 10, 2009 for account no. [redacted], and on December 24, 2010, for
account no. [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.
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’s business records indicate that on or about March 30, 2015, it did receive
the correspondence referenced by [redacted] in her complaint. Based on the information [redacted] provided
and pursuant to the [redacted] Finance Code, Midland Credit responded by sending her
separate letters for each of the above-referenced accounts on or about April
10, 2015. These letters advised her that
Midland Credit had determined that its credit files and credit reporting of the
above-referenced accounts were accurate. The verification information provided
by the seller for account no. [redacted] had previously been mailed to [redacted] on or about February 9, 2015, in response to a notice of possible
dispute Midland Credit received from the credit reporting agencies. Another copy is enclosed with this response.
With
that said, in keeping with its Consumer-First policy, Midland Credit has made
the business decision to delete its tradelines from [redacted] consumer
credit files regarding the above-referenced accounts. The three credit-reporting agencies have been
accordingly notified to delete Midland Credit’s references to the two collection
accounts in question. Please note this
does not render the debts invalid, rather it only signifies that Midland Credit
will no longer report the accounts to the credit bureaus.
Per
[redacted] previous request, the above-referenced accounts will remain
marked “Cease and Desist.” While they
remain due and owing, [redacted] will continue to not receive correspondence
or calls from Midland Credit representatives unless a response is required by
law.
If
[redacted] should decide she wishes to resolve the above-referenced debts, she
may qualify for a reduction in her account balances. At that point, she may call Account Manager
[redacted] at [redacted] to assist her in reaching a
resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the two above-referenced accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on April 25, 2014. Information provided by the seller, [redacted]. (“[redacted]”), at the time of acquisition indicates this account was originated on October 13, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 11, 2011. The balance at the time of purchase was $837.32.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on April 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 28, 2010, as a [redacted] MasterCard account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 24, 2011. The balance at the time of purchase was $1,113.95.
[redacted]’s expresses a concern that his validation requests have been ignored. On May 14, 2014, Midland Credit mailed [redacted]’s separate and unique validation letters for both of the above-referenced accounts. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted]’s at the same address listed within his complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted]’s in response to the letters. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted]’s in regard to both accounts on December 11, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted]’s and collect the debts.
[redacted] also asserts that Midland Credit has modified or altered his account information by reporting the above-referenced accounts without his last name. Please assure [redacted] that Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, 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, and the payment history of each individual consumer.
[redacted] states that the above-referenced accounts are reporting as “Open” with [redacted] and “Closed” with [redacted] and [redacted]. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
Additionally [redacted] states that he does not believe a “Credit Limit” should be reflected on his credit report. As referenced above Midland Credit does not modify or alter any account information. The “Credit Limit” or “Past Due Amount” being reported was provided by the seller at the time of purchase and reflects the balance due at the time of purchase
Regarding [redacted]’s concern that the above-referenced accounts are reporting as “past due” on his consumer credit files, although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “past due” to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.”
[redacted] additionally states that Midland Funding is reporting different dates with each credit reporting agency, and that the accounts are being reported as disputed on [redacted] but not on [redacted] and [redacted]. Midland Credit reports the same account information to all three credit reporting agencies at the same time. Midland Credit has no control over how long each credit reporting agency takes to update the information provided on the consumer’s credit file. Additionally, if [redacted] obtained his credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself. 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.
Further, [redacted] states that Midland Funding is reporting as the original creditor with [redacted]. Midland Funding is not a credit grantor and does not report as such. As referenced above it appears that [redacted] has received his credit report from a compilation source, therefore the information may appear to be different than what has been reported by Midland Funding to the three major credit reporting agencies. [redacted]’s is encouraged to communicate directly with the credit bureaus should he have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting.
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 a resolution that will be both beneficial to him, as well as resolve the account balances.
In the meantime, per [redacted]’s previous request, the above-referenced accounts will remain marked “Cease and Desist.” While the accounts remain due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]’s.
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
December 19, 2014
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated December 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 10, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 1, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 11, 2009. The balance at the time of purchase was $913.77.
[redacted] expresses a concern that Midland Credit has failed to provide her with validation of the debt. Midland Credit sent [redacted] a validation letter on April 15, 2009. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on July 15, 2009. 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.
Based on the information [redacted] provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on the same day, providing her with account information. In response to further disputes received on September 15, 2014, and October 13, 2014, Midland Credit sent letters to [redacted] on September 19, 2014 and October 17, 2014, respectively, advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
[redacted] also claims that her request for Midland to cease contact was ignored. Midland Credit received [redacted]’s request on September 15, 2014. Within the correspondence, [redacted] only requested phone contact to cease. Upon receipt, the account was marked “Direct Mail Only” to prevent further calls. In fact, a review of Midland Credit’s business records indicates that no calls have been made to [redacted] since April 2014.
Please note that based on the information provided by the seller, Midland Credit maintains that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence and continue to not receive calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
My husband died in 2011 which he was in the military. So his benefits ceased and which I had to stop paying on my credit card bills because his money, stopped. I was sued in winter of 2013 and served papers by the sheriff, by minland and I bladder cancer during this time, which made it worse. I asked for documentation while I was in court but they didn't have any and just looked at me. They are suppose to provide documentation of the debt and Mindland failed to do so. But the court Arbitation ruled in Mindland credit anyway. I am a 84 year old widow which I am having someone else type this for me, because I don't know how to use a computer. My income was greatly reduced when my husband died and I only had enough money to pay for my house and light bill and water bill. This still has me angered how I was treated by the court and mindland because I was suffering a financial hardship because of my husband dying, but the court did not care about that nither did mindland.
Dear [redacted]
Thank you for your letter inquiry dated May 13, 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 similar complaints through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, copies of those responses are enclosed.
As stated in Midland Credit’s April 4, 2014 response to [redacted] through the CFPB, Midland Credit had acknowledged her dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Midland Credit contacted the seller; however, they have yet to provide verification documentation for the above-referenced account.
Therefore, as stated in its response to the CFPB on May 20, 2014, in the interest of providing the highest level of consumer satisfaction and in accordance with its policy to react affirmatively to consumer issues, Midland Credit has closed the above-referenced account. There will be no further collection activity, credit reporting or sale of the above-referenced account. In addition, the three credit-reporting agencies have been notified to delete all reference to this 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 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
November 7, 2014
New Roman'; color: black;">?
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 October 24, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
?
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on January 31, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 1, 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 June 1, 2011. The balance at the time of purchase was $572.26.
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[redacted] expresses a concern that her requests for validation have been ignored. On February 13, 2013, 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 in 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. In fact, no correspondence was received directly from [redacted] prior to her complaint through the CFPB, which cannot be considered timely.
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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.
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Midland Credit’s business records also indicate that on September 29, 2014, upon receiving a call from [redacted] stating that she was not aware of the account, the representative mailed [redacted] a letter which provided her with the details for the referenced account on October 1, 2014. The letter also requested the she contact Midland Credit if further assistance was needed. To date, no further contact has been received directly from [redacted].
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[redacted] also indicates that when she contacted the original creditor, the representative advised her that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
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With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
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If [redacted] is ready to settle the above-referenced 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, as well as settle the account balance.
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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].
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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.
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Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
12pt;">
Thank you for your letter inquiry dated April 18, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response; an investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 10, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 10, 2003 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 11, 2008. The balance at the time of purchase was $3,452.24.
[redacted] expresses a concern whether her refund request has been processed. A review of Midland Credit’s business records indicates that [redacted] refund request was forwarded for processing on February 24, 2014. The refund process takes approximately 4-6 weeks. A review of Midland Credit’s business records indicates that the refund was issued on April 24, 2014.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I have already supplied this company and [redacted] the proof that this is not my debt. [redacted] was also sent a copy of the papers filed and recognizes that the debt was not mine I am not going to provide it again. I did what I was asked to do. Now I will let my attorney handle this and I will contact the media about this. I am tired of these collection companies bullying people. I am a victim and I am not going to let this company ruin my credit after they were sent a copy of the report that I filed. This debt will me taken off my credit report.
Regards,[redacted]
size="3">Thank you for your letter inquiry
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
June 9, 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 January 3, 2008 as a [redacted]. residential
telephone
account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on February 4, 2011. The balance at the time of purchase was $222.45.
Ms.
[redacted] requests Midland Credit delete this account from her credit
report. Please note that Midland Credit stopped
credit reporting this account in May 2014. If Ms. [redacted] still believes that Midland Credit
is reporting its tradeline on her credit report, she is encouraged to call Midland
Credit’s Consumer Support Services team at [redacted] ext. [redacted].
Ms.
[redacted] writes that she disputes and requests validation of her account. On May 3, 2013, Midland Credit mailed Ms.
[redacted] a validation letter, which informed her that Midland Funding had
acquired the account, and of her rights pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Ms. [redacted] in response to
the letter. In fact, no correspondence
was received directly from Ms. [redacted] prior to the complaint filed through
your office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact Ms. [redacted] and collect the debt.
If
Ms. [redacted] is ready to resolve the above-referenced debt, Ms. [redacted] may
qualify for a reduction in her account balance.
Please have Ms. [redacted] call Account Manager [redacted] at [redacted] ext. [redacted] to assist her in reaching a resolution of the account
balance.
In
the meantime, per Ms. [redacted]’s request for all communication
to be in writing, the above-referenced account has been marked “Direct
Mail Only.” Ms. [redacted] will no longer receive phone calls from Midland
Credit representatives and all correspondence will be sent via the United
States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted]’s.
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team 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.Thanks for your continued support, I have reached out to [redacted] in the event reaching a settlement offer, however the initial credit line was $300 and with interest and fees I was told the account is up to $1800 now, it is obscure on my behalf coming close to making a settlement offer anywhere close to that amount, I did however set out a figure in the amount of $1000 but I was told I would have to come up in full if offer was accepted, I cannot come up with $1000 in full, not in these times and was looking forward to a break up in payments after offer is accepted. I don't like he fact I'll be loosing money and paying for a account I already did but shame on me for not keeping my proof, none the less willing to stop this financial nightmare before it end up costing me way more in the future. I am hoping to reach a settlement with them and one that is doable and acceptable in the event the Payments have to be broken up.
Regards,
[redacted]
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 27, 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 27, 2012. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on July 21, 2002, as a T-Mobile cellular account number ending in [redacted], in the name of Kenneth D [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 8, 2012. The balance at the time of purchase was $1,198.74. Final payment on the account was posted to the account on January 8, 2015. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] expresses a concern that he received a letter from Midland Credit requesting payment after he had paid to resolve the account balance. On December 5, 2014, a letter was sent to him offering the option to submit a payment for less than the full balance by January 7, 2015 in order to consider the debt resolved. Upon receipt and processing of his check, Midland Credit posted the $479.49 referenced in his complaint to the account on January 8, 2015. Although the payment was not received within the specified timeframe, Midland Credit subsequently made the business decision to accept his payment using the terms provided in the December 5, 2014 offer letter. A letter advising Mr. [redacted] the account balance had been resolved was mailed to him on February 4, 2015.
As Midland Credit had not been notified a payment was forthcoming, and the payment had been posted after the expiration date of the offer, Mr. [redacted] was sent the letter he references in his submission to your office on January 9, 2015. Please note the files of accounts which receive marketing letters are built and sent to Midland Credit’s mail vendor 1-2 days prior to the actual send date of the letter to ensure there is enough processing time at the mail house. Final scrubs are conducted to look for changes in account status, such as in Mr. [redacted]’s case. However, if the status change occurs too close to the send date there is chance that a small number of accounts with late status changes receive marketing letters. That appears to be the case here.
Please note, although his submission indicates he spoke with Midland Credit on January 21, 2015, there is no indication Midland Credit has spoken with Mr. [redacted] since April 12, 2013. Regardless, he may disregard the letter sent January 9, 2015. As indicated above, Mr. [redacted] has no further financial obligation on the above-referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) [redacted] ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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]
Midlands Funding, LLC MCM is immoral and illegal in their practices. They prey on people with little or no knowledge of the system. They threaten action that is both illegal and in every case both immoral and threatening. In one of my encounters with them I was told to have 2,500.00 in 4 hours or their agent and sheriff department would evicte me. Just one of the many scare tactics they use. Please Goggle them to see the many complaints and judgements against them.
Roman">Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
October 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 18, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates
this account was originated on March 11, 2012 as
a [redacted] credit card account
number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 6, 2014. The balance at the time of purchase was $484.39. Final payment on the account was received by
Midland Credit on July 9, 2015.
[redacted] has no further financial
obligation for this account.
[redacted] expresses concern that the above-referenced account is reporting as “120
days or more than four payments past due” on his consumer credit files. Although Midland Credit submits updates to
the reporting agencies each month, Midland Credit does not furnish information
that accounts are “120 days or payments past due” to the credit reporting
agencies. Depending on the current
condition of a given account, Midland Credit will furnish an account as either
“Account assigned to internal or
external collections,” “Account paid
in full, was a collection account,” or “Account paid in full for less
than the full balance.” Midland Credit’s business records indicate
that the account information it is furnishing to the three major credit
reporting agencies is accurate.
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use. In addition, if [redacted]
obtained his credit report from a compilation source, the information being
reported may appear to vary. The credit
bureaus have advised that it appears this way because they do not directly
populate the fields on credit reports pulled from any source other than
directly from the credit bureau itself.
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
your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 3, 2016. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have [redacted] provide his attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that [redacted] is not or is no longer working with legal counsel and will mark his accounts accordingly
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted] for which it is furnishing information to the credit reporting agencies. Midland Credit became the servicer of accounts no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 15, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 23, 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 December 4, 2012. The balance at the time of purchase was $1,278.49.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 15, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 13, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 2, 2012. The balance at the time of purchase was $717.27.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 15, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 30, 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 December 4, 2012. The balance at the time of purchase was $1,476.73.
[redacted] expresses a concern that he mailed a validation request via certified mail to Midland Credit on March 9, 2016, and did not receive a response. Midland Credit mailed [redacted] separate and unique validation letters – on September 23, 2015 for account no. [redacted], on November 4, 2015 for account [redacted], and on November 20, 2015 for account [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debts 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. A review of Midland Credit’s business records indicates that it received the first written correspondence requesting validation from [redacted] on May 12, 2016. Enclosed with the correspondence that was received at that time was a previous letter from [redacted] dated March 9, 2016. The attached return receipt listed the recipient as “Midland Financing LLC, PO Box 101928, Birmingham, AL 35210.” Please note, Midland Credit is not affiliated with Midland Financing LLC or the corresponding address to which [redacted] former letter had been mailed. As a result, the letter was not received.
In [redacted] correspondence which was received on May 12, 2016, he referenced an original account number ending in [redacted], which corresponds to Midland Credit account no. [redacted]. Please note that Midland Credit had already opened an investigation for the account in response to a notice of possible dispute received from the credit reporting agencies on March 31, 2016.
In response to the notice, Midland Credit mailed [redacted] a letter on April 22, 2016, advising him of the investigation and stating that the appropriate documentation had been requested. Once the documentation was received, Midland Credit mailed a subsequent letter to [redacted] on June 20, 2016, which provided the identifying account information, advised that the credit reporting agencies had been requested to update the status of the account to “disputed,” and requested additional information regarding the dispute. Additionally, verification information provided by the seller was enclosed for the account.
In regards to account no. [redacted], Midland Credit mailed [redacted] a letter on May 20, 2016, advising that its records for the account were accurate, that the credit bureaus had been notified to continue reporting the account as disputed, and requested additional information regarding [redacted] claim. Midland Credit also provided the verification information from the seller along with the letter.
Although verification information provided by the seller was mailed to [redacted] in response to his disputes at those times, a copy of that documentation is again enclosed for his records. Please note that a copy of the verification provided by seller for account no. [redacted] is also enclosed. The verification information provided by the sellers meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
[redacted] expresses an additional concern that he previously called Midland Credit and attempted to resolve the above-referenced accounts for 25% of each account balance. As described in the complaint, [redacted] also questions the alleged conduct of certain Midland Credit employees during the call. Please note that Midland Credit representatives have strict guidelines they must adhere to when offering and accepting payment offers.
Due to those guidelines, Midland Credit was unable to accept [redacted] repayment offer. Additionally, the alleged conduct described by [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
If [redacted] is ready to resolve the above-referenced debts, he may qualify for a reduction in his account balances. Please have [redacted] or his attorney call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balances.
In the meantime, per [redacted] previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
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
class="MsoNormal">
Thank you for your letter inquiry dated January 28, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response; 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 December 30, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 3, 2006, 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 June 30, 2010. The balance at the time of purchase was $1,100.55. A seller-requested balance adjustment on February 10, 2014 has resulted in a current balance due of $986.05.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 20, 2011, 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 October 26, 2012. The balance at the time of purchase was $626.04.
[redacted] expresses a concern that his validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced accounts, Midland Credit mailed him separate but unique validation letters, which informed [redacted] that Midland Funding had acquired the accounts, and informed him of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). The letter for account number [redacted] was mailed on January 17, 2012. The letter for account number [redacted] was mailed on November 23, 2012. Please note that the letters were mailed to [redacted] via the United States Postal Service and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no written correspondence was received from him prior to his complaint.
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 debts.
Although this request cannot be considered timely, a copy of the verification information provided by both sellers is enclosed for [redacted]’ records. If [redacted] is ready to settle the above-referenced debts, he may qualify for a reduction in his account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balances.
[redacted] also expresses a concern that the above-referenced accounts are reporting as “120 days past due” on your consumer credit files. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 days past due.” Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” or “Account paid in full, was a collection account.” Midland Credit’s business records indicate that it is appropriately reporting the above-referenced accounts to the three major credit reporting agencies as is required.
[redacted] is encouraged to communicate directly with the credit bureaus should he have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. Midland Credit has no control over said nomenclature assigned. In addition, if he obtained his credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
Please be assured 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 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
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]
11.5pt;">
Thank you for your letter inquiry dated September 24, 2014 regarding [redacted]’s 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 March 23, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 16, 2004 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 25, 2010. The balance at the time of purchase was $1,818.19.
[redacted]s expresses a concern that his validation requests have been ignored. Midland Credit sent [redacted]s a validation letter on March 27, 2011. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was sent at the same address listed within [redacted]s’ complaint and was not returned as “undeliverable” by the United States Postal Service – thus satisfying the notification requirements of the FDCPA.
Midland Credit’s business records indicate that it received the first correspondence from [redacted]s on August 12, 2014. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted]s and collect the debt.
Based on the information [redacted]s provided, and pursuant to the [redacted] Finance Code, Midland Credit responded to his August 12, 2014 correspondence by sending him a letter advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
Aside from the above, [redacted]s writes that he has never had an account with Midland Credit. Consumers are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]s’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
With that said, Midland Credit stands ready to assist him in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted]s provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted]s should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted]s is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted]s call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated April 28, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
In addition to the follow-up letter inquiry from your office, [redacted] expressed a similar concern through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the follow-up letter from your office would essentially be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response to the CFPB; [redacted] states that she agreed to pay on the account in exchange for the deletion of the account from her consumer credit files. A review of Midland Credit’s business records indicates that no payments have been received by Midland Credit, nor has a representative advised that the account would be deleted from [redacted]’ consumer credit files should that occur. Midland Credit has consistently and correctly reported the account as, “account assigned to internal or external collections.”
While Midland Credit would be pleased to assist [redacted] in reaching a resolution which settled the balance for the above-referenced account, it is Midland Credit’s policy to report all accounts accurately. Should [redacted] reach such a resolution, Midland Credit would notify the credit reporting agencies to update the reporting of the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Based on the information provided by the seller, Midland Credit maintains its position that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear *** ***
12pt;">
Thank you for your letter inquiry dated April 15, 2014, regarding *** ***’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 accounts belonging to another consumer. During a search for the correct consumer, *** ***’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
*** ***’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. *** *** will no longer receive calls from Midland Credit representatives regarding the referenced account.
Aside from the above, *** *** expresses a concern that Midland Credit representatives have contacted him after 9:00pm local time. Please assure *** *** that Midland Credit has safeguards in place to prevent its calls from being placed before 8:00am local time and after 9:00pm local time. Midland Credit’s determination of which local time should control is based on information then available to it, including the phone number’s area code. *** ***’s telephone number contains an area code belonging to *** *** Based on that information, Midland Credit attempted to contact *** *** at times consistent with Central Standard Time. All calls were placed after 8:00am and prior to 9:00 pm Central Standard Time.
With that said, *** ***’s telephone number *** has been added to an exclusion list to prevent it from being called in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***.
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at *** *** *** *** should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear [redacted]
Roman">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 3, 2015.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
two accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf
of purchaser, Midland Funding, LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on June 16, 2008 as an [redacted] account
number ending in [redacted], in the name of [redacted], under the last four
of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on February 26, 2009. The balance at the
time of purchase was $606.66.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, on December 15, 2010.
Information provided by the seller, [redacted]., at the time
of acquisition indicates this account was originated on August 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 January 31, 2009. The balance at the time of purchase was $977.13.
[redacted] expresses a concern that Midland Credit ignored a validation request she
sent regarding the accounts on March 27, 2015.
Midland Credit sent [redacted] separate and unique validation letters –
on October 10, 2009 for account no. [redacted], and on December 24, 2010, for
account no. [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.
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’s business records indicate that on or about March 30, 2015, it did receive
the correspondence referenced by [redacted] in her complaint. Based on the information [redacted] provided
and pursuant to the [redacted] Finance Code, Midland Credit responded by sending her
separate letters for each of the above-referenced accounts on or about April
10, 2015. These letters advised her that
Midland Credit had determined that its credit files and credit reporting of the
above-referenced accounts were accurate. The verification information provided
by the seller for account no. [redacted] had previously been mailed to [redacted] on or about February 9, 2015, in response to a notice of possible
dispute Midland Credit received from the credit reporting agencies. Another copy is enclosed with this response.
With
that said, in keeping with its Consumer-First policy, Midland Credit has made
the business decision to delete its tradelines from [redacted] consumer
credit files regarding the above-referenced accounts. The three credit-reporting agencies have been
accordingly notified to delete Midland Credit’s references to the two collection
accounts in question. Please note this
does not render the debts invalid, rather it only signifies that Midland Credit
will no longer report the accounts to the credit bureaus.
Per
[redacted] previous request, the above-referenced accounts will remain
marked “Cease and Desist.” While they
remain due and owing, [redacted] will continue to not receive correspondence
or calls from Midland Credit representatives unless a response is required by
law.
If
[redacted] should decide she wishes to resolve the above-referenced debts, she
may qualify for a reduction in her account balances. At that point, she may call Account Manager
[redacted] at [redacted] to assist her in reaching a
resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
March 6, 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] and [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the two above-referenced accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on April 25, 2014. Information provided by the seller, [redacted]. (“[redacted]”), at the time of acquisition indicates this account was originated on October 13, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 11, 2011. The balance at the time of purchase was $837.32.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on April 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 28, 2010, as a [redacted] MasterCard account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 24, 2011. The balance at the time of purchase was $1,113.95.
[redacted]’s expresses a concern that his validation requests have been ignored. On May 14, 2014, Midland Credit mailed [redacted]’s separate and unique validation letters for both of the above-referenced accounts. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted]’s at the same address listed within his complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted]’s in response to the letters. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted]’s in regard to both accounts on December 11, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted]’s and collect the debts.
[redacted] also asserts that Midland Credit has modified or altered his account information by reporting the above-referenced accounts without his last name. Please assure [redacted] that Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, 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, and the payment history of each individual consumer.
[redacted] states that the above-referenced accounts are reporting as “Open” with [redacted] and “Closed” with [redacted] and [redacted]. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
Additionally [redacted] states that he does not believe a “Credit Limit” should be reflected on his credit report. As referenced above Midland Credit does not modify or alter any account information. The “Credit Limit” or “Past Due Amount” being reported was provided by the seller at the time of purchase and reflects the balance due at the time of purchase
Regarding [redacted]’s concern that the above-referenced accounts are reporting as “past due” on his consumer credit files, although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “past due” to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.”
[redacted] additionally states that Midland Funding is reporting different dates with each credit reporting agency, and that the accounts are being reported as disputed on [redacted] but not on [redacted] and [redacted]. Midland Credit reports the same account information to all three credit reporting agencies at the same time. Midland Credit has no control over how long each credit reporting agency takes to update the information provided on the consumer’s credit file. Additionally, if [redacted] obtained his credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself. 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.
Further, [redacted] states that Midland Funding is reporting as the original creditor with [redacted]. Midland Funding is not a credit grantor and does not report as such. As referenced above it appears that [redacted] has received his credit report from a compilation source, therefore the information may appear to be different than what has been reported by Midland Funding to the three major credit reporting agencies. [redacted]’s is encouraged to communicate directly with the credit bureaus should he have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting.
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 a resolution that will be both beneficial to him, as well as resolve the account balances.
In the meantime, per [redacted]’s previous request, the above-referenced accounts will remain marked “Cease and Desist.” While the accounts remain due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]’s.
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]
December 19, 2014
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated December 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 10, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 1, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 11, 2009. The balance at the time of purchase was $913.77.
[redacted] expresses a concern that Midland Credit has failed to provide her with validation of the debt. Midland Credit sent [redacted] a validation letter on April 15, 2009. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on July 15, 2009. 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.
Based on the information [redacted] provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on the same day, providing her with account information. In response to further disputes received on September 15, 2014, and October 13, 2014, Midland Credit sent letters to [redacted] on September 19, 2014 and October 17, 2014, respectively, advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
[redacted] also claims that her request for Midland to cease contact was ignored. Midland Credit received [redacted]’s request on September 15, 2014. Within the correspondence, [redacted] only requested phone contact to cease. Upon receipt, the account was marked “Direct Mail Only” to prevent further calls. In fact, a review of Midland Credit’s business records indicates that no calls have been made to [redacted] since April 2014.
Please note that based on the information provided by the seller, Midland Credit maintains that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence and continue to not receive calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
My husband died in 2011 which he was in the military. So his benefits ceased and which I had to stop paying on my credit card bills because his money, stopped. I was sued in winter of 2013 and served papers by the sheriff, by minland and I bladder cancer during this time, which made it worse. I asked for documentation while I was in court but they didn't have any and just looked at me. They are suppose to provide documentation of the debt and Mindland failed to do so. But the court Arbitation ruled in Mindland credit anyway. I am a 84 year old widow which I am having someone else type this for me, because I don't know how to use a computer. My income was greatly reduced when my husband died and I only had enough money to pay for my house and light bill and water bill. This still has me angered how I was treated by the court and mindland because I was suffering a financial hardship because of my husband dying, but the court did not care about that nither did mindland.
Dear [redacted]
Thank you for your letter inquiry dated May 13, 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 similar complaints through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, copies of those responses are enclosed.
As stated in Midland Credit’s April 4, 2014 response to [redacted] through the CFPB, Midland Credit had acknowledged her dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Midland Credit contacted the seller; however, they have yet to provide verification documentation for the above-referenced account.
Therefore, as stated in its response to the CFPB on May 20, 2014, in the interest of providing the highest level of consumer satisfaction and in accordance with its policy to react affirmatively to consumer issues, Midland Credit has closed the above-referenced account. There will be no further collection activity, credit reporting or sale of the above-referenced account. In addition, the three credit-reporting agencies have been notified to delete all reference to this 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 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
November 7, 2014
New Roman'; color: black;">?
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 October 24, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
?
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on January 31, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 1, 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 June 1, 2011. The balance at the time of purchase was $572.26.
?
[redacted] expresses a concern that her requests for validation have been ignored. On February 13, 2013, 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 in 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. In fact, no correspondence was received directly from [redacted] prior to her complaint through the CFPB, which cannot be considered timely.
?
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
?
Midland Credit’s business records also indicate that on September 29, 2014, upon receiving a call from [redacted] stating that she was not aware of the account, the representative mailed [redacted] a letter which provided her with the details for the referenced account on October 1, 2014. The letter also requested the she contact Midland Credit if further assistance was needed. To date, no further contact has been received directly from [redacted].
?
[redacted] also indicates that when she contacted the original creditor, the representative advised her that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
?
With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
?
If [redacted] is ready to settle the above-referenced 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, as well as settle the account balance.
?
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]
Enclosure
Dear [redacted]:
12pt;">
Thank you for your letter inquiry dated April 18, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response; an investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 10, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 10, 2003 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 11, 2008. The balance at the time of purchase was $3,452.24.
[redacted] expresses a concern whether her refund request has been processed. A review of Midland Credit’s business records indicates that [redacted] refund request was forwarded for processing on February 24, 2014. The refund process takes approximately 4-6 weeks. A review of Midland Credit’s business records indicates that the refund was issued on April 24, 2014.
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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I have already supplied this company and [redacted] the proof that this is not my debt. [redacted] was also sent a copy of the papers filed and recognizes that the debt was not mine I am not going to provide it again. I did what I was asked to do. Now I will let my attorney handle this and I will contact the media about this. I am tired of these collection companies bullying people. I am a victim and I am not going to let this company ruin my credit after they were sent a copy of the report that I filed. This debt will me taken off my credit report.
Regards,[redacted]
Dear Ms. [redacted]:
size="3">Thank you for your letter inquiry
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
June 9, 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 January 3, 2008 as a [redacted]. residential
telephone
account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on February 4, 2011. The balance at the time of purchase was $222.45.
Ms.
[redacted] requests Midland Credit delete this account from her credit
report. Please note that Midland Credit stopped
credit reporting this account in May 2014. If Ms. [redacted] still believes that Midland Credit
is reporting its tradeline on her credit report, she is encouraged to call Midland
Credit’s Consumer Support Services team at [redacted] ext. [redacted].
Ms.
[redacted] writes that she disputes and requests validation of her account. On May 3, 2013, Midland Credit mailed Ms.
[redacted] a validation letter, which informed her that Midland Funding had
acquired the account, and of her rights pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Ms. [redacted] in response to
the letter. In fact, no correspondence
was received directly from Ms. [redacted] prior to the complaint filed through
your office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact Ms. [redacted] and collect the debt.
If
Ms. [redacted] is ready to resolve the above-referenced debt, Ms. [redacted] may
qualify for a reduction in her account balance.
Please have Ms. [redacted] call Account Manager [redacted] at [redacted] ext. [redacted] to assist her in reaching a resolution of the account
balance.
In
the meantime, per Ms. [redacted]’s request for all communication
to be in writing, the above-referenced account has been marked “Direct
Mail Only.” Ms. [redacted] will no longer receive phone calls from Midland
Credit representatives and all correspondence will be sent via the United
States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted]’s.
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team 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.Thanks for your continued support, I have reached out to [redacted] in the event reaching a settlement offer, however the initial credit line was $300 and with interest and fees I was told the account is up to $1800 now, it is obscure on my behalf coming close to making a settlement offer anywhere close to that amount, I did however set out a figure in the amount of $1000 but I was told I would have to come up in full if offer was accepted, I cannot come up with $1000 in full, not in these times and was looking forward to a break up in payments after offer is accepted. I don't like he fact I'll be loosing money and paying for a account I already did but shame on me for not keeping my proof, none the less willing to stop this financial nightmare before it end up costing me way more in the future. I am hoping to reach a settlement with them and one that is doable and acceptable in the event the Payments have to be broken up.
Regards,
[redacted]
lang="X-NONE">Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 27, 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 27, 2012. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on July 21, 2002, as a T-Mobile cellular account number ending in [redacted], in the name of Kenneth D [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 8, 2012. The balance at the time of purchase was $1,198.74. Final payment on the account was posted to the account on January 8, 2015. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] expresses a concern that he received a letter from Midland Credit requesting payment after he had paid to resolve the account balance. On December 5, 2014, a letter was sent to him offering the option to submit a payment for less than the full balance by January 7, 2015 in order to consider the debt resolved. Upon receipt and processing of his check, Midland Credit posted the $479.49 referenced in his complaint to the account on January 8, 2015. Although the payment was not received within the specified timeframe, Midland Credit subsequently made the business decision to accept his payment using the terms provided in the December 5, 2014 offer letter. A letter advising Mr. [redacted] the account balance had been resolved was mailed to him on February 4, 2015.
As Midland Credit had not been notified a payment was forthcoming, and the payment had been posted after the expiration date of the offer, Mr. [redacted] was sent the letter he references in his submission to your office on January 9, 2015. Please note the files of accounts which receive marketing letters are built and sent to Midland Credit’s mail vendor 1-2 days prior to the actual send date of the letter to ensure there is enough processing time at the mail house. Final scrubs are conducted to look for changes in account status, such as in Mr. [redacted]’s case. However, if the status change occurs too close to the send date there is chance that a small number of accounts with late status changes receive marketing letters. That appears to be the case here.
Please note, although his submission indicates he spoke with Midland Credit on January 21, 2015, there is no indication Midland Credit has spoken with Mr. [redacted] since April 12, 2013. Regardless, he may disregard the letter sent January 9, 2015. As indicated above, Mr. [redacted] has no further financial obligation on the above-referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) [redacted] ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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]
Midlands Funding, LLC MCM is immoral and illegal in their practices. They prey on people with little or no knowledge of the system. They threaten action that is both illegal and in every case both immoral and threatening. In one of my encounters with them I was told to have 2,500.00 in 4 hours or their agent and sheriff department would evicte me. Just one of the many scare tactics they use. Please Goggle them to see the many complaints and judgements against them.
Dear [redacted]
Roman">Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
October 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 18, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates
this account was originated on March 11, 2012 as
a [redacted] credit card account
number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 6, 2014. The balance at the time of purchase was $484.39. Final payment on the account was received by
Midland Credit on July 9, 2015.
[redacted] has no further financial
obligation for this account.
[redacted] expresses concern that the above-referenced account is reporting as “120
days or more than four payments past due” on his consumer credit files. Although Midland Credit submits updates to
the reporting agencies each month, Midland Credit does not furnish information
that accounts are “120 days or payments past due” to the credit reporting
agencies. Depending on the current
condition of a given account, Midland Credit will furnish an account as either
“Account assigned to internal or
external collections,” “Account paid
in full, was a collection account,” or “Account paid in full for less
than the full balance.” Midland Credit’s business records indicate
that the account information it is furnishing to the three major credit
reporting agencies is accurate.
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use. In addition, if [redacted]
obtained his credit report from a compilation source, the information being
reported may appear to vary. The credit
bureaus have advised that it appears this way because they do not directly
populate the fields on credit reports pulled from any source other than
directly from the credit bureau itself.
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 regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 3, 2016. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have [redacted] provide his attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that [redacted] is not or is no longer working with legal counsel and will mark his accounts accordingly
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted] for which it is furnishing information to the credit reporting agencies. Midland Credit became the servicer of accounts no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 15, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 23, 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 December 4, 2012. The balance at the time of purchase was $1,278.49.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 15, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 13, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 2, 2012. The balance at the time of purchase was $717.27.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 15, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 30, 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 December 4, 2012. The balance at the time of purchase was $1,476.73.
[redacted] expresses a concern that he mailed a validation request via certified mail to Midland Credit on March 9, 2016, and did not receive a response. Midland Credit mailed [redacted] separate and unique validation letters – on September 23, 2015 for account no. [redacted], on November 4, 2015 for account [redacted], and on November 20, 2015 for account [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debts 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. A review of Midland Credit’s business records indicates that it received the first written correspondence requesting validation from [redacted] on May 12, 2016. Enclosed with the correspondence that was received at that time was a previous letter from [redacted] dated March 9, 2016. The attached return receipt listed the recipient as “Midland Financing LLC, PO Box 101928, Birmingham, AL 35210.” Please note, Midland Credit is not affiliated with Midland Financing LLC or the corresponding address to which [redacted] former letter had been mailed. As a result, the letter was not received.
In [redacted] correspondence which was received on May 12, 2016, he referenced an original account number ending in [redacted], which corresponds to Midland Credit account no. [redacted]. Please note that Midland Credit had already opened an investigation for the account in response to a notice of possible dispute received from the credit reporting agencies on March 31, 2016.
In response to the notice, Midland Credit mailed [redacted] a letter on April 22, 2016, advising him of the investigation and stating that the appropriate documentation had been requested. Once the documentation was received, Midland Credit mailed a subsequent letter to [redacted] on June 20, 2016, which provided the identifying account information, advised that the credit reporting agencies had been requested to update the status of the account to “disputed,” and requested additional information regarding the dispute. Additionally, verification information provided by the seller was enclosed for the account.
In regards to account no. [redacted], Midland Credit mailed [redacted] a letter on May 20, 2016, advising that its records for the account were accurate, that the credit bureaus had been notified to continue reporting the account as disputed, and requested additional information regarding [redacted] claim. Midland Credit also provided the verification information from the seller along with the letter.
Although verification information provided by the seller was mailed to [redacted] in response to his disputes at those times, a copy of that documentation is again enclosed for his records. Please note that a copy of the verification provided by seller for account no. [redacted] is also enclosed. The verification information provided by the sellers meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
[redacted] expresses an additional concern that he previously called Midland Credit and attempted to resolve the above-referenced accounts for 25% of each account balance. As described in the complaint, [redacted] also questions the alleged conduct of certain Midland Credit employees during the call. Please note that Midland Credit representatives have strict guidelines they must adhere to when offering and accepting payment offers.
Due to those guidelines, Midland Credit was unable to accept [redacted] repayment offer. Additionally, the alleged conduct described by [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
If [redacted] is ready to resolve the above-referenced debts, he may qualify for a reduction in his account balances. Please have [redacted] or his attorney call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balances.
In the meantime, per [redacted] previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
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]
Enclosure
Dear [redacted]:
class="MsoNormal">
Thank you for your letter inquiry dated January 28, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response; 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 December 30, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 3, 2006, 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 June 30, 2010. The balance at the time of purchase was $1,100.55. A seller-requested balance adjustment on February 10, 2014 has resulted in a current balance due of $986.05.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 20, 2011, 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 October 26, 2012. The balance at the time of purchase was $626.04.
[redacted] expresses a concern that his validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced accounts, Midland Credit mailed him separate but unique validation letters, which informed [redacted] that Midland Funding had acquired the accounts, and informed him of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). The letter for account number [redacted] was mailed on January 17, 2012. The letter for account number [redacted] was mailed on November 23, 2012. Please note that the letters were mailed to [redacted] via the United States Postal Service and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no written correspondence was received from him prior to his complaint.
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 debts.
Although this request cannot be considered timely, a copy of the verification information provided by both sellers is enclosed for [redacted]’ records. If [redacted] is ready to settle the above-referenced debts, he may qualify for a reduction in his account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balances.
[redacted] also expresses a concern that the above-referenced accounts are reporting as “120 days past due” on your consumer credit files. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 days past due.” Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” or “Account paid in full, was a collection account.” Midland Credit’s business records indicate that it is appropriately reporting the above-referenced accounts to the three major credit reporting agencies as is required.
[redacted] is encouraged to communicate directly with the credit bureaus should he have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. Midland Credit has no control over said nomenclature assigned. In addition, if he obtained his credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
Please be assured 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 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