Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
January 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 January 12, 2015. [redacted] writes that he has never received
any communication in writing from Midland.
Midland Credit maintains its position that it sent separate and unique
validation letters to [redacted] for the above referenced accounts on April 27,
2012. The letters were not returned as
“undeliverable” by the United States Postal Service. Subsequently, Midland Credit mailed several
letters to [redacted] in an effort to resolve the account balances and in
response to his dispute notices, none of which were returned as “undeliverable”
by the United States Postal Service.
[redacted] also writes that Midland Credit is reporting incorrect dates of first
delinquency. Information provided by the
seller of the above-referenced accounts, [redacted]., indicates that
[redacted] made a final payment towards account no. [redacted] on May 20, 2010,
and toward account no. [redacted] on April 7, 2010.
As
stated in its previous response, Midland Funding, LLC purchased the
above-referenced accounts on or about April 2, 2012. Midland Credit maintains its position that it
does not alter or modify any of the original account information provided by
the seller, such as the date of occurrence.
Midland Credit reports the information on the accounts it services based
on the business records maintained by the original lender/seller. As such, Midland Credit must respectfully conclude
that it reflects the accurate dates of first delinquency.
Additionally,
[redacted] expresses concern regarding the nomenclature that appears on his
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” 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] 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.
In addition, if [redacted] obtained his credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
Based
on the information provided by the seller, Midland Credit has again determined
that its credit file and credit reporting of the above-referenced accounts are
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.
The
above-referenced accounts will continue to remain marked “Direct Mail
Only.” While they remain due and owing, [redacted] will continue to not
receive phone calls from Midland Credit representatives and all correspondence
will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I am requesting Midland Funding provide a copy of the documentation sent to the wrong address through the Revdex.com website for further review.
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 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]
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]
font-family: 'Times New Roman';">Thank you for your letter inquiry dated March 5, 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.
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 September 15, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on July 10, 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 December 7, 2008. The balance at the time of purchase was $323.96.
A review of Midland
Credit’s business records indicates that shortly after Midland Funding acquired
the above-referenced account, on September 26, 2011, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired
the account, and of his rights pursuant to the Fair Debt Collection Practices
Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to the
same address listed within [redacted] 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 further 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 from [redacted] prior to the complaint filed through your office, which
cannot be considered timely.
The FDCPA specifically
states that, unless a consumer provides a debt collector with notice of such a
dispute within 30 days of receiving the initial validation letter, “the debt
will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
[redacted] expresses a
concern that he was advised by a Midland Credit representative that Midland
Credit would remove its tradeline from his consumer credit files upon settling
the account balance. A review of Midland
Credit’s business records indicates [redacted] had multiple telephone
conversations with Midland Credit representatives in which [redacted] requested the
removal of Midland Credit’s tradeline upon payment. Each time, the representatives advised [redacted] that Midland Credit’s policy does not allow the removal of a paid account.
While Midland Credit
is pleased that it was able to assist [redacted] in reaching a resolution which
settled the balance for the above-referenced account, please note that it is
Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records
indicates that it is accurately reporting 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.
With
that said, Midland
Credit stands ready to assist [redacted] in clearing his record and providing a
refund if he 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 a police report
showing that he reported the fraudulent activity. He may forward the appropriate documentation
to Consumer Support Services at the address on this letterhead.
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
April 14, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 6, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she has been receiving calls on her cell phone, and states she does not know the person they are asking for. Please note, based on the phone number[redacted] that [redacted] provided in the complaint to your office, Midland Credit is unable to locate an account where a Midland Credit representative has contacted her. If [redacted] has received calls from Midland Credit representatives at any numbers other than the one she provided, or if she can provide documentation listing the calls she has received, she may call Midland Credit’s Consumer Support Services team at[redacted] to provide such information so the matter may be investigated further.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [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
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
class="MsoNormal">
Thank you for your letter inquiry dated June 9, 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 that 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 December 15, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on February 23, 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 25, 2008. The balance at the time of purchase was $561.14.
[redacted] requests that the account be removed from his consumer credit files, believing the seven-year Federal Reporting Period has expired. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will not expire until August 2014. Please note that this does not extinguish the debt. Rather, it will prevent the account from being reported to the credit reporting agencies. The account will still remain collectible, due, and owing to Midland Credit.
A copy of the verification information provided by the seller is enclosed for his records. Midland Credit is accurately reporting the account to the credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have him 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 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
VIA E-Mail
[redacted]
[redacted]
[redacted]
[redacted]
[redacted] [redacted]
[redacted]
[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 15, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 18, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated on September 22, 2007 as a [redacted] credit card with an account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 9, 2014. The balance at the time of purchase was $1,371.05. On August 9, 2015 the account was placed with [redacted] for servicing.
[redacted] claims that Midland Credit did not send her a validation letter. On March 28, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
[redacted] also alleges that Midland Credit filed a lawsuit and obtained a default judgment against her without serving her with a Notice to Appear. Sessoms Law advises that it mailed [redacted] a Demand Letter on September 8, 2015, followed by a Notice of Intent to file Legal Action on September 16, 2015. Please note that both of these letters were also mailed to the same address listed within [redacted] complaint.
Sessoms Law indicates they did not receive a response to either letter. As a result, suit was subsequently filed on November 4, 2015. [redacted] was served by the Sheriff’s Office on November 5, 2015, and judgment was obtained on January 6, 2016. Copies of the letters as well as a copy of the judgment are enclosed for [redacted] records.
[redacted] also states that she does not owe money to Midland Credit as she has no contract with Midland Credit. Please note that the account was purchased from the seller with all rights. 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, Midland Funding, has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] further states that the account should have been removed from her credit report in 2014 as the account had been opened longer than seven years at that point. Please note that the seven-year Federal reporting period is not based off of how long the account has been opened, but rather it is based off of the date of first delinquency. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in August, 2020. Additionally, the expiration of the seven-year Federal Reporting period does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Midland Credit encourages [redacted] to work with Sessoms Law to assist in reaching a positive resolution. [redacted] may reach [redacted]. Their phone number is [redacted].
Per [redacted] previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, she will continue to not receive contact 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]
[redacted]
[redacted]
font-family: 'Times New Roman';">Thank you for your letter inquiry dated September 2, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] expresses a concern that she had filed a complaint previously with the Consumer
Financial Protection Bureau (“CFPB”) but had not received a response. A review of Midland Credit’s business records
indicates she did file a similar complaint through the CFPB which Midland
Credit received on November 20, 2013. Midland
Credit sent a response to the CFPB on December 4, 2013 and a
copy of that letter is
enclosed.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on September 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on January 5, 2007 as
a [redacted] account number
ending in 2175, 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 2, 2009. The balance at the time of purchase was $1,353.18.
[redacted] expresses a concern that her validation requests have been
ignored. On November 7, 2011, 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] via the United
States Postal Service, and was not returned as “undeliverable” – satisfying the
requirements set forth within the FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. A review of Midland Credit’s
business records indicates that it received notice from the credit reporting
agencies of a possible dispute on or about October 10, 2013. However, Midland Credit did not receive the
first correspondence requesting validation directly from [redacted] until
November 5, 2013, which cannot be considered timely.
The
FDCPA specifically states, unless a consumer provides a debt collector with
notice of such a dispute within 30 days of receiving the initial validation
letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
While
the request was not timely, verification information provided by the seller was
mailed to [redacted] on October 14, 2013 in response to her dispute. A copy of the verification information
provided by the seller is enclosed within the previous response to the CFPB. Please note that the verification information
provided by the seller meets the requirements of the FDCPA. The original contract, complete payment
history, and a full set of billing statements are not required under the FDCPA.
Chaudhry v. Gallerizzo, 174 F.3d 394
(4th Cir. 1999).
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. If [redacted] is ready to
settle this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit
Account Manager [redacted] at [redacted] to help settle this
account balance.
In
the meantime, while [redacted] was advised in Midland Credit’s December 2013
response to the CFPB that the above-referenced account had been marked “Direct
Mail Only” and she would no longer receive phone calls from Midland Credit
representatives, the account was in fact marked at that time as “Cease and
Desist” and Midland Credit ceased all attempts to contact [redacted]
accordingly. The above-referenced
account remains due and owing, though [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].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
If this is my account I do not understand the issue of showing the signature in the account. I have stated numerous times to the company & request numerous times only for them to give me the run around as they are doing now. Refusing to show the signature to verify who signed. I have stated over & over it was not me. Futhermore I have never received mail to my present address from midland. They stated my parent's address I did not give them then how did they receive that address. Again to resolve this once and for all just show the signature. Regards,[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated September 11, 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 March 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 3, 2012 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 17, 2013. The balance at the time of purchase was $299.90. Final payment on the account was received on May 8, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that his validation requests have been ignored. On March 29, 2013, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] 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. While Midland Credit did receive notices of possible disputes from the credit reporting agencies, a review of Midland Credit’s business records indicates that it did not receive any written correspondence disputing the account or requesting validation from [redacted] until the complaint filed through your office, which cannot be considered timely. With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
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.
Further review of Midland Credit’s business records indicates that on May 15, 2014, June 5, 2014, and June 18, 2014, Midland Credit receives written correspondence from [redacted], requesting a goodwill adjustment and the removal of the account from his consumer credit files. [redacted] states that he was told by a Midland Credit representative that upon payment to settle the account the account would be deleted from his credit report. Midland Credit has investigated [redacted]’s claim, and has determined that the Midland Credit representative acted appropriately and pursuant to applicable law.
[redacted] was advised that should he pay the full balance, Midland Credit would report the account as “Account paid in full, was a collection account,” or, should [redacted] pay less than the full balance, Midland Credit would report an additional memo stating “Account paid in full for less than the full balance.” [redacted] then agreed to settle the account and pay the full balance. 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.
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
Thank you for your letter inquiry dated April 14, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the...
opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter “Midland Funding”), on May 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on February 1, 2007 as a [redacted] 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 July 31, 2008. The balance at the time of purchase was $400.00.
[redacted] expresses a concern that she has not received validation of the
debt. A review of Midland Credit’s
business records indicates that shortly after Midland Funding acquired the
above-referenced account, on June 8, 2012, Midland Credit mailed [redacted] a
validation letter, which informed her that Midland Funding had acquired the
account, and of her rights pursuant to the Fair Debt Collection Practices Act
(15 U.S.C. § 1692 et seq.) (“FDCPA”).
Please note that the letter was mailed to [redacted] at the same
address listed within [redacted]’s 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 from [redacted] prior to the complaint filed through your office,
which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial validation
letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
Midland Credit was not previously made aware of
an unresolved dispute between [redacted] and [redacted] concerning cell phone
service and disconnection fees. While Midland
Credit acted in a timely manner and has complied with all applicable laws, it
made the business decision to discontinue active collections regarding the
above-referenced account on February 15, 2014.
In addition, the three credit-reporting agencies were notified to delete
all reference to the account in question from [redacted]’s consumer credit
files. A review of Midland Credit’s
business records indicates credit reporting ceased as of February, 2014. There will continue to be no further
collection activity, credit reporting, or sale of this account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter.
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
March 1, 2016
Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 16, 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 June 18, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 26, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on May 2, 2012. The balance at the time of purchase was $763.52.
[redacted] expresses a concern that she has not had a credit card for over 15 years. On June 29, 2012, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it began receiving notices of possible dispute from the credit reporting agencies in October 2012. Midland Credit’s business records further indicate that it received the first correspondence requesting validation from [redacted] on September 30, 2015.
Midland Credit has appropriately responded to the disputes it has received regarding this account. With that said, verification information provided by the seller has been sent to [redacted] in response to disputes, most recently on November 9, 2015. Another copy of that information is enclosed for [redacted]’s records.
Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
[redacted] indicates that her identity has been compromised by family members on two occasions. 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.
[redacted] can also contact Midland Credit online at [redacted], where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Per [redacted]’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains 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].
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
After making payment arrangements in April on a balance due, the contract "voided" because they (Midland Credit Mgmt Inc) say they received the payment after the date due because at their fault (or on purpose?!?) my mail payment was opened after payment due date! And I get the blame! The money order sent by me was gotten and mailed to the company 10 days before the payment due date! Payment was due by April 30th, the money order was gotten and mailed April 20th. Are they going to keep doing this every month so they can say I "voided" the contract thus giving them another opportunity to continue adding more money on my balance due?!? Big business and their dirty tricks to even rob you more!! No ethics! Criminal!
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 14, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note, Midland Credit had no information that it was contacting a wrong number for the consumer until a phone conversation with [redacted] on April 12, 2016. The phone numbers provided at that time were marked “Do Not Call” in Midland Credit’s computer system for the referenced account.
[redacted] alleges that Midland Credit representatives have called him excessively, at times not allowed by law. Please be assured that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. Midland Credit’s determination of which local time should control the ability to call is based on information then available to it, including the address, and/or phone number’s area code. A review of Midland Credit’s business records indicates that all calls were placed after 8:00am and prior to 9:00pm Eastern Standard Time, and Midland Credit did not attempt to call [redacted] more often than what is allowable.
[redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, while it was not appearing in Midland Credit’s business records, [redacted] phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to[redacted]
Thank you again for your assistance in this matter. 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]
Thank you for your letter inquiry dated
Roman', serif;">July 1, 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 July 13, 2012. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on February 11, 2008 as a [redacted] 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 October 13, 2010. The balance at the time of purchase was $2,123.80.
Ms. [redacted] expresses a concern that her validation requests have been ignored. On July 21, 2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within Ms. [redacted]’s 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 Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicate that it received the first correspondence requesting validation from Ms. [redacted] on May 21, 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 Ms. [redacted] and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account on May 28, 2014. A letter advising of the same was mailed to Ms. [redacted] on May 30, 2014. There will 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 Ms. [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 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]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
January 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 January 12, 2015. [redacted] writes that he has never received
any communication in writing from Midland.
Midland Credit maintains its position that it sent separate and unique
validation letters to [redacted] for the above referenced accounts on April 27,
2012. The letters were not returned as
“undeliverable” by the United States Postal Service. Subsequently, Midland Credit mailed several
letters to [redacted] in an effort to resolve the account balances and in
response to his dispute notices, none of which were returned as “undeliverable”
by the United States Postal Service.
[redacted] also writes that Midland Credit is reporting incorrect dates of first
delinquency. Information provided by the
seller of the above-referenced accounts, [redacted]., indicates that
[redacted] made a final payment towards account no. [redacted] on May 20, 2010,
and toward account no. [redacted] on April 7, 2010.
As
stated in its previous response, Midland Funding, LLC purchased the
above-referenced accounts on or about April 2, 2012. Midland Credit maintains its position that it
does not alter or modify any of the original account information provided by
the seller, such as the date of occurrence.
Midland Credit reports the information on the accounts it services based
on the business records maintained by the original lender/seller. As such, Midland Credit must respectfully conclude
that it reflects the accurate dates of first delinquency.
Additionally,
[redacted] expresses concern regarding the nomenclature that appears on his
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” 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] 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.
In addition, if [redacted] obtained his credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
Based
on the information provided by the seller, Midland Credit has again determined
that its credit file and credit reporting of the above-referenced accounts are
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.
The
above-referenced accounts will continue to remain marked “Direct Mail
Only.” While they remain due and owing, [redacted] will continue to not
receive phone calls from Midland Credit representatives and all correspondence
will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I am requesting Midland Funding provide a copy of the documentation sent to the wrong address through the Revdex.com website for further review.
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 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]
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]
Dear [redacted]:
font-family: 'Times New Roman';">Thank you for your letter inquiry dated March 5, 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.
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 September 15, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on July 10, 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 December 7, 2008. The balance at the time of purchase was $323.96.
A review of Midland
Credit’s business records indicates that shortly after Midland Funding acquired
the above-referenced account, on September 26, 2011, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired
the account, and of his rights pursuant to the Fair Debt Collection Practices
Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to the
same address listed within [redacted] 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 further 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 from [redacted] prior to the complaint filed through your office, which
cannot be considered timely.
The FDCPA specifically
states that, unless a consumer provides a debt collector with notice of such a
dispute within 30 days of receiving the initial validation letter, “the debt
will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
[redacted] expresses a
concern that he was advised by a Midland Credit representative that Midland
Credit would remove its tradeline from his consumer credit files upon settling
the account balance. A review of Midland
Credit’s business records indicates [redacted] had multiple telephone
conversations with Midland Credit representatives in which [redacted] requested the
removal of Midland Credit’s tradeline upon payment. Each time, the representatives advised [redacted] that Midland Credit’s policy does not allow the removal of a paid account.
While Midland Credit
is pleased that it was able to assist [redacted] in reaching a resolution which
settled the balance for the above-referenced account, please note that it is
Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records
indicates that it is accurately reporting 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.
With
that said, Midland
Credit stands ready to assist [redacted] in clearing his record and providing a
refund if he 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 a police report
showing that he reported the fraudulent activity. He may forward the appropriate documentation
to Consumer Support Services at the address on this letterhead.
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]
April 14, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 6, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she has been receiving calls on her cell phone, and states she does not know the person they are asking for. Please note, based on the phone number[redacted] that [redacted] provided in the complaint to your office, Midland Credit is unable to locate an account where a Midland Credit representative has contacted her. If [redacted] has received calls from Midland Credit representatives at any numbers other than the one she provided, or if she can provide documentation listing the calls she has received, she may call Midland Credit’s Consumer Support Services team at[redacted] to provide such information so the matter may be investigated further.
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]
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 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]
Dear [redacted]:
class="MsoNormal">
Thank you for your letter inquiry dated June 9, 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 that 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 December 15, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on February 23, 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 25, 2008. The balance at the time of purchase was $561.14.
[redacted] requests that the account be removed from his consumer credit files, believing the seven-year Federal Reporting Period has expired. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will not expire until August 2014. Please note that this does not extinguish the debt. Rather, it will prevent the account from being reported to the credit reporting agencies. The account will still remain collectible, due, and owing to Midland Credit.
A copy of the verification information provided by the seller is enclosed for his records. Midland Credit is accurately reporting the account to the credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have him 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 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
December 22, 2016
VIA E-Mail
[redacted]
[redacted]
[redacted]
[redacted]
[redacted] [redacted]
[redacted]
[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 15, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 18, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated on September 22, 2007 as a [redacted] credit card with an account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 9, 2014. The balance at the time of purchase was $1,371.05. On August 9, 2015 the account was placed with [redacted] for servicing.
[redacted] claims that Midland Credit did not send her a validation letter. On March 28, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
[redacted] also alleges that Midland Credit filed a lawsuit and obtained a default judgment against her without serving her with a Notice to Appear. Sessoms Law advises that it mailed [redacted] a Demand Letter on September 8, 2015, followed by a Notice of Intent to file Legal Action on September 16, 2015. Please note that both of these letters were also mailed to the same address listed within [redacted] complaint.
Sessoms Law indicates they did not receive a response to either letter. As a result, suit was subsequently filed on November 4, 2015. [redacted] was served by the Sheriff’s Office on November 5, 2015, and judgment was obtained on January 6, 2016. Copies of the letters as well as a copy of the judgment are enclosed for [redacted] records.
[redacted] also states that she does not owe money to Midland Credit as she has no contract with Midland Credit. Please note that the account was purchased from the seller with all rights. 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, Midland Funding, has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] further states that the account should have been removed from her credit report in 2014 as the account had been opened longer than seven years at that point. Please note that the seven-year Federal reporting period is not based off of how long the account has been opened, but rather it is based off of the date of first delinquency. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in August, 2020. Additionally, the expiration of the seven-year Federal Reporting period does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Midland Credit encourages [redacted] to work with Sessoms Law to assist in reaching a positive resolution. [redacted] may reach [redacted]. Their phone number is [redacted].
Per [redacted] previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, she will continue to not receive contact 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]
[redacted]
[redacted]
[redacted]
Enclosure
Dear [redacted]:
font-family: 'Times New Roman';">Thank you for your letter inquiry dated September 2, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] expresses a concern that she had filed a complaint previously with the Consumer
Financial Protection Bureau (“CFPB”) but had not received a response. A review of Midland Credit’s business records
indicates she did file a similar complaint through the CFPB which Midland
Credit received on November 20, 2013. Midland
Credit sent a response to the CFPB on December 4, 2013 and a
copy of that letter is
enclosed.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on September 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on January 5, 2007 as
a [redacted] account number
ending in 2175, 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 2, 2009. The balance at the time of purchase was $1,353.18.
[redacted] expresses a concern that her validation requests have been
ignored. On November 7, 2011, 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] via the United
States Postal Service, and was not returned as “undeliverable” – satisfying the
requirements set forth within the FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. A review of Midland Credit’s
business records indicates that it received notice from the credit reporting
agencies of a possible dispute on or about October 10, 2013. However, Midland Credit did not receive the
first correspondence requesting validation directly from [redacted] until
November 5, 2013, which cannot be considered timely.
The
FDCPA specifically states, unless a consumer provides a debt collector with
notice of such a dispute within 30 days of receiving the initial validation
letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
While
the request was not timely, verification information provided by the seller was
mailed to [redacted] on October 14, 2013 in response to her dispute. A copy of the verification information
provided by the seller is enclosed within the previous response to the CFPB. Please note that the verification information
provided by the seller meets the requirements of the FDCPA. The original contract, complete payment
history, and a full set of billing statements are not required under the FDCPA.
Chaudhry v. Gallerizzo, 174 F.3d 394
(4th Cir. 1999).
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. If [redacted] is ready to
settle this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit
Account Manager [redacted] at [redacted] to help settle this
account balance.
In
the meantime, while [redacted] was advised in Midland Credit’s December 2013
response to the CFPB that the above-referenced account had been marked “Direct
Mail Only” and she would no longer receive phone calls from Midland Credit
representatives, the account was in fact marked at that time as “Cease and
Desist” and Midland Credit ceased all attempts to contact [redacted]
accordingly. The above-referenced
account remains due and owing, though [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].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
If this is my account I do not understand the issue of showing the signature in the account. I have stated numerous times to the company & request numerous times only for them to give me the run around as they are doing now. Refusing to show the signature to verify who signed. I have stated over & over it was not me. Futhermore I have never received mail to my present address from midland. They stated my parent's address I did not give them then how did they receive that address. Again to resolve this once and for all just show the signature. Regards,[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated September 11, 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 March 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 3, 2012 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 17, 2013. The balance at the time of purchase was $299.90. Final payment on the account was received on May 8, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that his validation requests have been ignored. On March 29, 2013, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] 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. While Midland Credit did receive notices of possible disputes from the credit reporting agencies, a review of Midland Credit’s business records indicates that it did not receive any written correspondence disputing the account or requesting validation from [redacted] until the complaint filed through your office, which cannot be considered timely. With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
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.
Further review of Midland Credit’s business records indicates that on May 15, 2014, June 5, 2014, and June 18, 2014, Midland Credit receives written correspondence from [redacted], requesting a goodwill adjustment and the removal of the account from his consumer credit files. [redacted] states that he was told by a Midland Credit representative that upon payment to settle the account the account would be deleted from his credit report. Midland Credit has investigated [redacted]’s claim, and has determined that the Midland Credit representative acted appropriately and pursuant to applicable law.
[redacted] was advised that should he pay the full balance, Midland Credit would report the account as “Account paid in full, was a collection account,” or, should [redacted] pay less than the full balance, Midland Credit would report an additional memo stating “Account paid in full for less than the full balance.” [redacted] then agreed to settle the account and pay the full balance. 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.
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 April 14, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the...
opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter “Midland Funding”), on May 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on February 1, 2007 as a [redacted] 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 July 31, 2008. The balance at the time of purchase was $400.00.
[redacted] expresses a concern that she has not received validation of the
debt. A review of Midland Credit’s
business records indicates that shortly after Midland Funding acquired the
above-referenced account, on June 8, 2012, Midland Credit mailed [redacted] a
validation letter, which informed her that Midland Funding had acquired the
account, and of her rights pursuant to the Fair Debt Collection Practices Act
(15 U.S.C. § 1692 et seq.) (“FDCPA”).
Please note that the letter was mailed to [redacted] at the same
address listed within [redacted]’s 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 from [redacted] prior to the complaint filed through your office,
which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial validation
letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
Midland Credit was not previously made aware of
an unresolved dispute between [redacted] and [redacted] concerning cell phone
service and disconnection fees. While Midland
Credit acted in a timely manner and has complied with all applicable laws, it
made the business decision to discontinue active collections regarding the
above-referenced account on February 15, 2014.
In addition, the three credit-reporting agencies were notified to delete
all reference to the account in question from [redacted]’s consumer credit
files. A review of Midland Credit’s
business records indicates credit reporting ceased as of February, 2014. There will continue to be no further
collection activity, credit reporting, or sale of this account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter.
Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
March 1, 2016
Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 16, 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 June 18, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 26, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on May 2, 2012. The balance at the time of purchase was $763.52.
[redacted] expresses a concern that she has not had a credit card for over 15 years. On June 29, 2012, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it began receiving notices of possible dispute from the credit reporting agencies in October 2012. Midland Credit’s business records further indicate that it received the first correspondence requesting validation from [redacted] on September 30, 2015.
Midland Credit has appropriately responded to the disputes it has received regarding this account. With that said, verification information provided by the seller has been sent to [redacted] in response to disputes, most recently on November 9, 2015. Another copy of that information is enclosed for [redacted]’s records.
Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
[redacted] indicates that her identity has been compromised by family members on two occasions. 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.
[redacted] can also contact Midland Credit online at [redacted], where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Per [redacted]’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains 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].
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
After making payment arrangements in April on a balance due, the contract "voided" because they (Midland Credit Mgmt Inc) say they received the payment after the date due because at their fault (or on purpose?!?) my mail payment was opened after payment due date! And I get the blame! The money order sent by me was gotten and mailed to the company 10 days before the payment due date! Payment was due by April 30th, the money order was gotten and mailed April 20th. Are they going to keep doing this every month so they can say I "voided" the contract thus giving them another opportunity to continue adding more money on my balance due?!? Big business and their dirty tricks to even rob you more!! No ethics! Criminal!
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 14, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note, Midland Credit had no information that it was contacting a wrong number for the consumer until a phone conversation with [redacted] on April 12, 2016. The phone numbers provided at that time were marked “Do Not Call” in Midland Credit’s computer system for the referenced account.
[redacted] alleges that Midland Credit representatives have called him excessively, at times not allowed by law. Please be assured that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. Midland Credit’s determination of which local time should control the ability to call is based on information then available to it, including the address, and/or phone number’s area code. A review of Midland Credit’s business records indicates that all calls were placed after 8:00am and prior to 9:00pm Eastern Standard Time, and Midland Credit did not attempt to call [redacted] more often than what is allowable.
[redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, while it was not appearing in Midland Credit’s business records, [redacted] phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to[redacted]
Thank you again for your assistance in this matter. 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]
Thank you for your letter inquiry dated
Roman', serif;">July 1, 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 July 13, 2012. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on February 11, 2008 as a [redacted] 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 October 13, 2010. The balance at the time of purchase was $2,123.80.
Ms. [redacted] expresses a concern that her validation requests have been ignored. On July 21, 2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within Ms. [redacted]’s 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 Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicate that it received the first correspondence requesting validation from Ms. [redacted] on May 21, 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 Ms. [redacted] and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account on May 28, 2014. A letter advising of the same was mailed to Ms. [redacted] on May 30, 2014. There will 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 Ms. [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 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]