[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 follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 13, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated August 10, 2015. Midland Credit’s business records indicate that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by his attorney, the [redacted] If [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly.
[redacted] requests that Midland Credit provide copies of the letters and notices mailed to him. As stated in its previous response, Midland Credit sent [redacted] a validation letter on or about December 8, 2012. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was mailed to [redacted] at the same address listed within his 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. A copy of this notice is included for [redacted]’s records. An additional notice was mailed to [redacted] on or about January 9, 2013, a copy of which is also enclosed.
As previously stated, Midland Credit did not receive any written correspondence from [redacted] in response to the initial letter or pursuant to the Texas Finance Code. Midland Credit received several notices of possible dispute from the credit reporting agencies, and Midland Credit responded appropriately in each instance. Specifically, responses were mailed to [redacted] on or about May 20, 2013, and May 8, 2013, October 27, 2014, and May 20, 2015. The latter two responses included copies of the validation material provided by the seller. Copies of those letters and the verification information are enclosed.
On April 21, 2013, this account was sent to Midland Credit’s Internal Legal Department (“Internal Legal”), and a letter notifying [redacted] of the placement was mailed to [redacted] on April 22, 2013. Suit was filed on November 5, 2013, and [redacted] was personally served on December 10, 2013. A copy of the initial notice, summons and complaint, and affidavit of service are enclosed. With that said, Internal Legal advises that the matter has since been dismissed by the court, as of July 31, 2015. A copy of the dismissal is enclosed. Please note that the suit was dismissed without prejudice, which does not extinguish the validity of the debt. While the account has since been returned to Midland Credit for servicing, the account remains due and owing.
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 Texas Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. [redacted]’s attorney may call a Midland Credit account manager at [redacted] to assist in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear *** ***
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
*** ***
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.
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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]
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
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
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]
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
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 [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]
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
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.
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 29, 2015. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on October 27, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 2, 2014. The balance at the time of purchase was $1,372.25. Final payment on the account was received by Midland Credit on March 12, 2016. [redacted] has no further financial obligation for this account.
[redacted] alleges that Midland Credit agreed to remove the debt from his credit report when he paid it off in full. At the time of [redacted]’s final payment, it was not Midland Credit’s policy to remove paid accounts upon receipt of payment. However, in keeping with its Consumer-First approach, Midland Credit recently updated its policy regarding paid tradelines where the date of delinquency is over two years old. The three major credit reporting agencies have been notified to remove the collection tradeline. [redacted] continues to have no further financial obligation for this account.
In addition, [redacted] requests that [redacted] remove its tradeline as well. Midland Credit has no control of what information [redacted] furnishes to the credit reporting agencies If [redacted] has concerns regarding the information being reported by the original creditor, he may dispute it directly with the credit reporting agencies.
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
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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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I am requesting information from midland with my signature and account records showing that this debt is indeed mine. I have no records of this debt. I have reason to belive that there is mistake on who owns this debt. Basically I need irresable proof including the original account number as the burden of proof lies on midland. I am requesting a arbitrator along with a case date to resolve this matter. I will also peruse litigation in small claims court.
Regards,
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 15, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on March 10, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 3, 2007 as a [redacted] account number ending in 1[redacted] in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2008. The balance at the time of purchase was $1,338.81.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 28, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on March 20, 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 April 16, 2008. The balance at the time of purchase was $1,073.21.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on July 11, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on July 25, 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 July 23, 2009. The balance at the time of purchase was $488.99.
[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, on March 20, 2010 for account no. [redacted], on June 7, 2009 for account no. [redacted], and on September 16, 2011 for account no. [redacted] Midland Credit mailed [redacted] separate and unique validation letters, which informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such notices at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also questions whether the accounts are collectible due to the expiration of the Statute of Limitations. A review of Midland Credit’s business records indicates that the Statute of Limitations expired on September 20, 2011 for account no. [redacted], on February 15, 2012 for account no. [redacted], and on December 25, 2012 for account no. [redacted]. However, the passing of the Statute of Limitations does not extinguish the validity of the debts. Rather, it eliminates the legal cause of action, or remedy. The above-referenced accounts still remain collectible, due and owing to Midland Credit.
[redacted] also expresses a concern that Midland Credit is reporting the accounts on his credit report in spite of the accounts being past the statute of limitations. Please note that the statute of limitations and the seven-year Federal Reporting period are different. The Federal Reporting period will expire in September 2014 for account no.’s [redacted] and [redacted], and in December 2015 for account no. [redacted]. This also does not extinguish the debts. Rather, it prevents the accounts from being reported to the credit reporting agencies. Again, the accounts will still remain collectible, due and owing to Midland Credit. 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.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s accounts have been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted], to discuss repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
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 Ms. [redacted]:
Thank you for your letter inquiry dated June 17, 2014,
regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter “Midland Funding”), on January 31, 2013. Information provided by the seller, T-Mobile
PCS Holdings LLC, at the time of acquisition indicates this account was
originated on August 16, 2011 as a T-Mobile cellular account number ending in [redacted],
in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on April 27, 2012.
The balance at the time of purchase was $963.43. Final payment on the account was received on February
13, 2014. Ms. [redacted] has no further
financial obligation for this account.
Ms.
[redacted] expresses a concern with the nomenclature being reflected on her consumer
credit files relating to the above-referenced account and states that it is
inaccurate. 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. Midland Credit has been
advised, and the standard in the industry is that as a debt buyer, it should
report accounts as: current status – collection account; type of account –
open; type of loan – factoring company account; additional information –
collection account. Further, e-OSCAR,
the online credit reporting system, provides the following definition of a
factoring company: “Factoring Company -
A company that purchases accounts with the intent of collecting debts
owed.” Midland Credit has been advised
by two credit reporting agencies that it should be classified as a factoring
company for credit reporting purposes.
Ms.
[redacted] is encouraged to communicate directly with the credit bureaus should she
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
Based on the law and guidelines governing credit reporting, it would
appear that the account is being correctly reported. In addition, if Ms. [redacted] obtained her 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
bureaus.
A
review of Midland Credit’s business records indicates that it is accurately
reporting the above-referenced account to the three major credit reporting
agencies as “Account paid in full, was a
collection account.”
Ms.
[redacted] also expresses a desire to have the above-referenced account deleted from
her consumer credit files since the debt has been repaid. A letter from Ms. [redacted] stating a similar
request was received by Midland Credit on May 27, 2014. While Midland Credit is pleased that it was
able to assist Ms. [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. If Midland Credit were to delete the account, its correct
and accurate status would not be reflected.
On June 11, 2014, a letter advising Ms. [redacted] of the same was mailed to
her at the same address listed in her complaint.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (800) 825-8131 ext. [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
November 20, 2014
0in 0pt" class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [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 September 26, 2012. Information provided by the seller, [redacted] LLC, at the time of acquisition indicates this account was originated on May 7, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 22, 2010. The balance at the time of purchase was $749.70, which is the charge-off balance of $599.76, and $ 149.94 in seller fees.
Mr. [redacted] expresses concern that he requested validation documentation and did not receive it. Midland Credit sent Mr. [redacted] a validation letter on October 8, 2012. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received first notice of possible dispute from the credit reporting agencies on August 7, 2014. Midland Credit responded by mailing Mr. [redacted] verification documentation on August 25, 2014. Midland Credit received the first written correspondence from Mr. [redacted] on September 15, 2014. Neither of these can be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Based on the information Mr. [redacted] provided in his correspondence, and pursuant to the Texas Finance Code, Midland Credit responded 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. A copy of the verification documentation which was previously mailed to Mr. [redacted] is again enclosed for his records.
If Mr. [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per Mr. [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, Mr. [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Please note that 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 Mr. [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
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) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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 follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2015.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 6, 2015. [redacted] writes that he will be escalating the matter to a government agency.
As stated in its previous response, Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will continue to be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted] consumer credit files.
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]
August 27, 2015
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 follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 13, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated August 10, 2015. Midland Credit’s business records indicate that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by his attorney, the [redacted] If [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly.
[redacted] requests that Midland Credit provide copies of the letters and notices mailed to him. As stated in its previous response, Midland Credit sent [redacted] a validation letter on or about December 8, 2012. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was mailed to [redacted] at the same address listed within his 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. A copy of this notice is included for [redacted]’s records. An additional notice was mailed to [redacted] on or about January 9, 2013, a copy of which is also enclosed.
As previously stated, Midland Credit did not receive any written correspondence from [redacted] in response to the initial letter or pursuant to the Texas Finance Code. Midland Credit received several notices of possible dispute from the credit reporting agencies, and Midland Credit responded appropriately in each instance. Specifically, responses were mailed to [redacted] on or about May 20, 2013, and May 8, 2013, October 27, 2014, and May 20, 2015. The latter two responses included copies of the validation material provided by the seller. Copies of those letters and the verification information are enclosed.
On April 21, 2013, this account was sent to Midland Credit’s Internal Legal Department (“Internal Legal”), and a letter notifying [redacted] of the placement was mailed to [redacted] on April 22, 2013. Suit was filed on November 5, 2013, and [redacted] was personally served on December 10, 2013. A copy of the initial notice, summons and complaint, and affidavit of service are enclosed. With that said, Internal Legal advises that the matter has since been dismissed by the court, as of July 31, 2015. A copy of the dismissal is enclosed. Please note that the suit was dismissed without prejudice, which does not extinguish the validity of the debt. While the account has since been returned to Midland Credit for servicing, the account remains due and owing.
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 Texas Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. [redacted]’s attorney may call a Midland Credit account manager at [redacted] to assist 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
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
*** ***
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.
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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]
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
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
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]
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]
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 [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
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]
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.
October 27, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 29, 2015. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on October 27, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 2, 2014. The balance at the time of purchase was $1,372.25. Final payment on the account was received by Midland Credit on March 12, 2016. [redacted] has no further financial obligation for this account.
[redacted] alleges that Midland Credit agreed to remove the debt from his credit report when he paid it off in full. At the time of [redacted]’s final payment, it was not Midland Credit’s policy to remove paid accounts upon receipt of payment. However, in keeping with its Consumer-First approach, Midland Credit recently updated its policy regarding paid tradelines where the date of delinquency is over two years old. The three major credit reporting agencies have been notified to remove the collection tradeline. [redacted] continues to have no further financial obligation for this account.
In addition, [redacted] requests that [redacted] remove its tradeline as well. Midland Credit has no control of what information [redacted] furnishes to the credit reporting agencies If [redacted] has concerns regarding the information being reported by the original creditor, he may dispute it directly with the credit reporting agencies.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
class="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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I am requesting information from midland with my signature and account records showing that this debt is indeed mine. I have no records of this debt. I have reason to belive that there is mistake on who owns this debt. Basically I need irresable proof including the original account number as the burden of proof lies on midland. I am requesting a arbitrator along with a case date to resolve this matter. I will also peruse litigation in small claims court.
Regards,
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 15, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on March 10, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 3, 2007 as a [redacted] account number ending in 1[redacted] in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2008. The balance at the time of purchase was $1,338.81.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 28, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on March 20, 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 April 16, 2008. The balance at the time of purchase was $1,073.21.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on July 11, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on July 25, 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 July 23, 2009. The balance at the time of purchase was $488.99.
[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, on March 20, 2010 for account no. [redacted], on June 7, 2009 for account no. [redacted], and on September 16, 2011 for account no. [redacted] Midland Credit mailed [redacted] separate and unique validation letters, which informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such notices at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also questions whether the accounts are collectible due to the expiration of the Statute of Limitations. A review of Midland Credit’s business records indicates that the Statute of Limitations expired on September 20, 2011 for account no. [redacted], on February 15, 2012 for account no. [redacted], and on December 25, 2012 for account no. [redacted]. However, the passing of the Statute of Limitations does not extinguish the validity of the debts. Rather, it eliminates the legal cause of action, or remedy. The above-referenced accounts still remain collectible, due and owing to Midland Credit.
[redacted] also expresses a concern that Midland Credit is reporting the accounts on his credit report in spite of the accounts being past the statute of limitations. Please note that the statute of limitations and the seven-year Federal Reporting period are different. The Federal Reporting period will expire in September 2014 for account no.’s [redacted] and [redacted], and in December 2015 for account no. [redacted]. This also does not extinguish the debts. Rather, it prevents the accounts from being reported to the credit reporting agencies. Again, the accounts will still remain collectible, due and owing to Midland Credit. 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.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s accounts have been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted], to discuss repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
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 Ms. [redacted]:
Thank you for your letter inquiry dated June 17, 2014,
regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter “Midland Funding”), on January 31, 2013. Information provided by the seller, T-Mobile
PCS Holdings LLC, at the time of acquisition indicates this account was
originated on August 16, 2011 as a T-Mobile cellular account number ending in [redacted],
in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on April 27, 2012.
The balance at the time of purchase was $963.43. Final payment on the account was received on February
13, 2014. Ms. [redacted] has no further
financial obligation for this account.
Ms.
[redacted] expresses a concern with the nomenclature being reflected on her consumer
credit files relating to the above-referenced account and states that it is
inaccurate. 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. Midland Credit has been
advised, and the standard in the industry is that as a debt buyer, it should
report accounts as: current status – collection account; type of account –
open; type of loan – factoring company account; additional information –
collection account. Further, e-OSCAR,
the online credit reporting system, provides the following definition of a
factoring company: “Factoring Company -
A company that purchases accounts with the intent of collecting debts
owed.” Midland Credit has been advised
by two credit reporting agencies that it should be classified as a factoring
company for credit reporting purposes.
Ms.
[redacted] is encouraged to communicate directly with the credit bureaus should she
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
Based on the law and guidelines governing credit reporting, it would
appear that the account is being correctly reported. In addition, if Ms. [redacted] obtained her 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
bureaus.
A
review of Midland Credit’s business records indicates that it is accurately
reporting the above-referenced account to the three major credit reporting
agencies as “Account paid in full, was a
collection account.”
Ms.
[redacted] also expresses a desire to have the above-referenced account deleted from
her consumer credit files since the debt has been repaid. A letter from Ms. [redacted] stating a similar
request was received by Midland Credit on May 27, 2014. While Midland Credit is pleased that it was
able to assist Ms. [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. If Midland Credit were to delete the account, its correct
and accurate status would not be reflected.
On June 11, 2014, a letter advising Ms. [redacted] of the same was mailed to
her at the same address listed in her complaint.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (800) 825-8131 ext. [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
November 20, 2014
0in 0pt" class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [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 September 26, 2012. Information provided by the seller, [redacted] LLC, at the time of acquisition indicates this account was originated on May 7, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 22, 2010. The balance at the time of purchase was $749.70, which is the charge-off balance of $599.76, and $ 149.94 in seller fees.
Mr. [redacted] expresses concern that he requested validation documentation and did not receive it. Midland Credit sent Mr. [redacted] a validation letter on October 8, 2012. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received first notice of possible dispute from the credit reporting agencies on August 7, 2014. Midland Credit responded by mailing Mr. [redacted] verification documentation on August 25, 2014. Midland Credit received the first written correspondence from Mr. [redacted] on September 15, 2014. Neither of these can be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Based on the information Mr. [redacted] provided in his correspondence, and pursuant to the Texas Finance Code, Midland Credit responded 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. A copy of the verification documentation which was previously mailed to Mr. [redacted] is again enclosed for his records.
If Mr. [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per Mr. [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, Mr. [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Please note that 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 Mr. [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
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) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
March 3, 2015
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 follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2015.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 6, 2015. [redacted] writes that he will be escalating the matter to a government agency.
As stated in its previous response, Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will continue to be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted] consumer credit files.
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]