September 2, 2014
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 dated August 19, 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.
Midland Credit provided all the relevant account information in its previous letter response to your office dated August 13, 2014. [redacted] continues to allege that she was promised the account would be deleted once the debt was paid. Midland Credit maintains its position in that neither Midland Credit nor [redacted] had any direct contact with [redacted]. Payment was made through judgment enforcement, not through voluntary agreement.
Again, 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.
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 follow-up letter inquiry dated July 2, 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.
Midland Credit
provided all the relevant account information in its previous letter response
to your office dated July 1, 2014. Ms. [redacted] expresses a concern that Midland
Credit continues to verify inaccurate, false information to the credit
reporting agencies. Ms. [redacted] also expresses
a concern that Midland Funding is reporting a high balance on the account. As expressed in its previous letter response,
Ms. [redacted] is encouraged to communicate directly with the credit bureaus should she
have any further concerns about the nomenclature that Midland Funding 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. Further, Midland Funding does not report
payment histories, balance histories or terms.
Additionally, the “type loan” Ms. [redacted] refers to
appears to be a misunderstanding of the information on the credit report. What actually appears is “type of loan – debt
buyer account” which is correct. The
“high balance” to which Ms. [redacted] refers is the original balance at the time of
purchase. Midland Credit’s position has
not changed and it firmly stands behind its previous response.
As stated previously, 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
bureau itself. A review of Midland Credit’s business records indicates that Midland
Funding is accurately reporting the above-referenced account to the three major
credit reporting agencies. An instant
update was submitted electronically on July 15, 2014 to ensure the accuracy of
Midland Funding’s tradeline. A copy of
the Universal Data Form submitted is enclosed and a copy has also been mailed
to Ms. [redacted].
Please assure Ms. [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 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
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]
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
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
inquiry regarding[redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 4, 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 May 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 7, 2001, as an [redacted] account number ending in [redacted], in the name of [redacted]., under the last four of the social security number [redacted]. The date of default was December 2, 2010. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2011. The balance at the time of purchase was $4,094.56.
Midland Credit sent [redacted] a validation letter on May 15, 2013. 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.
[redacted] expresses concern that the account has never been validated, and that Midland Credit failed to respond to his validation request received on June 23, 2016. Midland Credit’s business records indicate that in response to a notice of possible dispute from the credit reporting agencies, verification information provided by the seller was sent to [redacted] on June 8, 2016. Midland Credit’s business records also indicate that it received the referenced certified correspondence from [redacted] on June 23, 2016. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on July 7, 2016, advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate.
Please note that this response was mailed to the same address listed in [redacted] complaint. A copy of the verification information is again enclosed for his records. 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.
Based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for the above-referenced account, is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
A review of Midland Credit’s business records indicates that on December 15, 2013, this account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”). Please note that a judgment was obtained on December 3, 2014, a copy of which is enclosed. Midland Credit encourages [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution. [redacted] may reach the Internal Legal Department at PO Box 939050, San Diego, CA 92193. Their phone number is [redacted]
Per [redacted] previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
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
In 2011 I had a court ordered settlement with Midland Funding and have been paying a monthly payment for 5 years to clear the court ordered settlement. Two months before my settlement was paid in full with Midland Fundings partner company (Hunt and Henriques) they closed my account and transferred it back to Midland Funding without any notification. Once they stopped debiting my account I did my due diligence to confirm my account was paid in full by calling both Hunt and Henriques and Midland Funding. Hunt and Henriques confirmed that my account was closed and sent me documentation to prove it. Midland Funding told me that I owed them an additional $2,951.34 and would not give me a reason to why? I have all the court ordered documentation to prove this is a scam from Midland Funding. I have attempted to contact them multiple times and speak to a supervisor with no success. The names of the account managers and supervisors that I have been given are [redacted] and [redacted]. Since I have not received a call back I am now in contact with the Superior Court of San Diego in regards to the settled case on 2/16/11. This appears to be a scam by Midland Funding, if you are having similar circumstances with this company please leave a review so we can get to the bottom of the issue and hopefully stop the scam.
December 4, 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 dated November 20, 2014, regarding Ms. [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 June 10, 2009. Information provided by the seller, [redacted], N.A., at the time of acquisition indicates this account was originated on December 11, 2003, as a [redacted] VISA 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 31, 2009. The balance at the time of purchase was $952.93.
Ms. [redacted] expresses a concern that Midland Credit has failed to provide her with validation of the debt. On October 14, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Ms. [redacted] on October 14, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
As mentioned above, Midland Credit received correspondence from Ms. [redacted] on October 14, 2014. Although the request was not timely, verification information provided by the seller was mailed to her in response to the dispute on October 17, 2014.
Ms. [redacted] also mentions that the account is past the statute of limitations. A review of Midland Credit’s business records indicates the statute of limitations for the account did not expire until November 11, 2014, at which time Midland Credit closed the account. Midland Credit acted in a timely manner and has complied with all applicable laws. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been 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 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
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]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated August 26, 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 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 21, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 22, 2013. The balance at the time of purchase was $1,302.38.
That being said, [redacted] requests validation for the above referenced account. A review of Midland Credit’s business records indicates that on April 5, 2014, 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 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 directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. Based on the referenced information, a review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the credit reporting agencies.
Midland Credit has acted in a timely manner and complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and has begun the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
April 15, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] T [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to Mr. [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on April 27, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 6, 2008, as an [redacted]./[redacted] account number ending in [redacted], in the name of [redacted] T [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2010. The balance at the time of purchase was $823.09.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 15, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 15, 2009, as a [redacted], N.A. [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 22, 2011. The balance at the time of purchase was $513.43.
Mr. [redacted] expresses a concern that the above-referenced accounts were paid in full to the original companies. Midland Credit mailed Mr. [redacted] separate and unique validation letters – on May 1, 2010, for account no. [redacted], and on June 26, 2015, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debts or requesting validation from Mr. [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first notification of a possible dispute from the credit reporting agencies on or about March 15, 2012 for account no. [redacted] and on or about January 6, 2016 for account no. [redacted]. In response to the notices of possible disputes, Midland Credit sent Mr. [redacted] separate letters requesting more information regarding the nature of his dispute on March 17, 2012, and January 20, 2016, respectively. However, to date, Midland Credit has not received any documentation supporting Mr. [redacted]’s claim.
Mr. [redacted] expresses an additional concern that he is unemployed and on permanent disability. With that said, please note that 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 accounts. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from Mr. [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 Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ###-###-#### should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received November
10, 2015. Midland Credit appreciates the
opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection
Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is
enclosed. An investigation of this matter indicates that Midland Credit
became the servicer of the above-referenced account on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on March 11, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account
originated on March 31, 1999, 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 24, 2014. The balance at the time of purchase by
Midland Funding was $22,734.85.
Ms.
[redacted] expresses a concern that she has not received validation of this debt. Midland Credit sent Ms. [redacted] a validation
letter on March 18, 2015. In the letter,
Midland Credit informed her that Midland Funding had acquired the account, and
provided the required disclosure of rights set forth in the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to Ms.
[redacted] at the same address listed within her complaint, and was not returned
as “undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it received the first correspondence
from Ms. [redacted] on August 7, 2015.
Based on the information Ms. [redacted] provided and pursuant to the Texas
Finance Code, Midland Credit responded by sending her a letter on August 12,
2015 advising that Midland Credit had determined that its credit file, and the
information it is furnishing for the above-referenced account, was accurate.
Upon
receipt of Ms. [redacted]s previous complaint, Midland Credit acknowledged Ms.
[redacted]s dispute, annotated the account as disputed, and ceased collection efforts
while it is in the process of verifying the debt. Once Midland Credit has obtained verification
of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish
account information to the three major credit reporting agencies until it is
able to provide Ms. [redacted] with verification of the debt.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (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
class="MsoNormal">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Please note that [redacted] previously filed a complaint through your office (Revdex.com# [redacted]. A copy of Midland Credit’s previous response letter is enclosed. Midland Credit provided all relevant account identifying information within said response.
[redacted] expresses concern whether Midland Credit is accurately reporting the above-referenced account on his consumer credit files, stating that Midland Credit previously agreed to remove its tradeline. Please note that Midland Credit has never advised [redacted] that it would remove its tradeline. On the contrary, as indicated within its previous response letter, Midland Credit previously provided [redacted] with the verification information for the account and advised that it is accurately reporting the account to the credit reporting agencies.
If [redacted] is ready to settle the debt, he may qualify for a reduction in his account balance. Until then, the account will remain coded “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
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
Thank you for your letter inquiry dated June 17, 2014
Roman';">, 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] reporting on their consumer credit
files.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”) on October 14, 2011. Information provided by the seller, Sherman Originator
III, LLC, at the time of acquisition indicates this account was originated on May
1, 2009, as a Credit One Bank, N.A. VISA account number ending in [redacted], in the
name of [redacted], under the last four digits of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on September 27, 2011. The balance at the time of purchase was $784.75.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”) on May 15, 2012. Information provided by the seller, Chase Bank
USA, N.A., at the time of acquisition indicates this account was originated on April
6, 2007, as a Chase Bank USA, N.A. / Washington Mutual Bank VISA account number
ending in 0627, in the name of [redacted] G [redacted], under the last four of the
social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on April 30, 2012. The balance at the time
of purchase was $1,070.33.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”) on May 8, 2013. Information provided by the seller, Bureaus Investment,
at the time of acquisition indicates this account was originated on October 16,
2006, as a HSBC Bank Nevada, N.A. / Best Buy / HSBC Retail Card Services, Inc. credit card account number ending
in [redacted], in the name of [redacted], under the last four of the social
security number [redacted]. Subsequently, the
account was charged-off as an unpaid delinquent-debt on January 31, 2011. The balance at the time of purchase was $677.41.
While
not the only item of concern in [redacted]’s complaint, there is the claim
that Midland continues to report inaccurate information on their consumer
credit file. While Midland Credit is
sensitive to [redacted]’s concern Midland Credit does not alter or modify
any of the original account information provided by the seller, such as the
name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the
accounts it acquires based on the business records maintained by the original
lender/seller. The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding
LLC. In accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date being reported on this account reflects the “date that the
account was purchased by the debt buyer or placed/assigned to the third party
collection agency.”
Further,
if [redacted] obtained their 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 from the credit bureau directly.
[redacted] also writes that a negative account cannot remain on consumer credit
files for more than seven years from the date of the first delinquency. A
review of Midland Credit’s business records indicates that the seven-year
Federal Reporting period does not expire until January [redacted] for account
[redacted]; until August [redacted] for account [redacted]; and until May 2017 for
account [redacted]. Please note that
this does not extinguish the debt. Rather,
it prevents the accounts from being reported to the credit reporting
agencies. The accounts will 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.
[redacted] also questions whether Midland Credit has the right to collect on the
debts. Midland Funding purchased the
accounts with full rights, and placed the accounts for collection with Midland
Credit. 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 and their designated
collection agencies have the right to repayment of the credit account.
Account [redacted]
A
review of Midland Credit’s business records indicates that on February 5, 2012,
this account was outsourced to the law firm of Litow & Pech, PC located at 1847
E Ave NE, Cedar Rapids, IA 52402. On
June 28, 2013, the account was transferred to Pech, Hughes & Mcdonald, P.C. located at 505
33rd Ave. SW. Cedar Rapids, IA 52402. Their phone number is 800-617-7593. I
have forwarded a copy of [redacted]’s
complaint to the firm.
Account [redacted]
Midland
Credit’s business records indicate that on August 26, 2012, this account was
outsourced to the law firm of Litow & Pech, PC located at 1847 E Ave NE, Cedar
Rapids, IA 52402. On August 4, 2013, the
account was transferred to TRAKAmerica
located at 999 Vanderbilt Beach Road STE 607, Naples, FL 34108. Their
telephone number is 800-277-4431.
I have forwarded a copy of [redacted]’s
complaint to the firm.
Account [redacted]
Midland
Credit’s business records indicate that on November 3, 2013, this account was also
outsourced to the law firm of Pech, Hughes & McDonald P.C. located at 505 33rd Ave SW, Cedar Rapids, IA
52402. I have forwarded a copy of
[redacted]’s complaint to the
firm. Further, per their records, the account is in the process of being
returned to Midland Credit as it has been paid. [redacted] has no further
obligation to this account.
[redacted] also requests validation for the above-referenced accounts.
Midland Credit mailed [redacted] separate and unique validation letters – on
November 16, 2011, for account no. [redacted], on May 25, 2012, for account no.
[redacted], and on May 15, 2013, for account no. [redacted]. These letters
informed the [redacted] that Midland Funding had acquired the accounts, and
of the consumer’s 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 the consumer via
the United States Postal Service, and were not returned as “undeliverable” –
satisfying the requirements set forth within the FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debts or requesting validation from [redacted] in response to
the letters. In fact, no written correspondence was received from [redacted] prior to the complaint filed through your office.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did
not receive such notices in a timely manner, Midland Credit appropriately
proceeded with efforts to contact [redacted] and collect the debts.
With
that said, verification information provided by each of the sellers is enclosed
for [redacted]’s records. Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (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
size="3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to [redacted]. During a search for the correct consumer, [redacted] address 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.
[redacted] address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure [redacted] that she will no longer receive correspondence from Midland Credit representatives 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
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated August 8, 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.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of pur[redacted]r, Midland Funding LLC (“Midland Funding”), on January 4, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 28, 1990 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of pur[redacted] was $8,578.77.
[redacted] states that Midland Credit has not provided verification of debt. Midland Credit sent [redacted] a validation letter on January 9, 2011 to the same address listed within her complaint. In the letter, Midland Credit informed that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from [redacted] in response to that letter or pursuant to the Texas Finance Code. 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 will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
[redacted] also expresses concern that Midland Credit is not reporting accurately on her consumer credit files. A review of business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. However, in keeping with its Consumer-First policy, Midland Credit has submitted an instant update to the three major credit reporting agencies to reconfirm accurate reporting of its tradeline on [redacted]’s consumer credit files.
With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted]’s attorney call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to [redacted], as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
class="MsoNormal">
Thank you for your letter inquiry dated March 14, 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.
A review of Midland Credit’s business records indicates that [redacted] stated he would be forwarding the matter to an attorney. Going forward, all communication about the matter should be handled by his attorney. If [redacted] is no longer represented by an attorney, Midland Credit requests that written notice be provided so it may update its records and allow its representatives to communicate with him directly.
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 December 30, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 11, 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 September 30, 2009. The balance at the time of purchase was $832.03. The balance due as of March 22, 2014, 2012, including interest accrued, is $1,050.93.
[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 account, on February 19, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). 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 did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on January 17, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
[redacted] also questions whether additional fees can be added due to the expiration of the Statute of Limitations. Please note, all of the $218.90 added to the account balance is reflective of interest accrued. There have been no fees added to the balance. A review of Midland Credit’s business records indicates that the Statute of Limitations expired on March 4, 3013. However, the passing of the Statute of Limitations does not extinguish the validity of the debt or the ability to accrue interest or fees; rather, it eliminates the legal cause of action, or remedy. The above-referenced account still remains collectible, due and owing to Midland Credit.
Although his requests are not timely, copies of the bill of sale and the chain of title are enclosed. Additionally, per his request for validation, a copy of the verification information provided by the seller, and previously sent to [redacted] on January 29, 2014 in response to his dispute of January 17, 2014, is also enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the three major 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 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
Thank you for your letter inquiry dated
'Times New Roman', serif;">July 1, 2014, regarding Mr. [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.
Mr. [redacted] filed similar complaints through the Office of the Attorney General, State of Ohio (“AG”) and also through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would include the same information as the responses which Midland Credit previously provided to both the AG and CFPB, copies of those responses are enclosed.
As stated in Midland Credit’s earlier responses; Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on October 22, 2010. Information provided by the seller, Sherman Originator III, LLC, at the time of acquisition indicates this account was originated on January 11, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 17, 2010. The balance at the time of purchase was $642.50. Final payment on the account was received on February 28, 2013. Mr. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on December 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 1, 2004 as a GE Capital Retail Bank/[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 February 8, 2012. The balance at the time of purchase was $527.36. Final payment on the account was received on February 28, 2013. Mr. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on September 4, 2013. Information provided by the seller, Asset Acceptance, LLC, at the time of acquisition indicates this account was originated on August 23, 2006 as a [redacted] (USA), N.A. MasterCard account number ending in [redacted], in the name of [redacted] E [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 22, 2010. The balance at the time of purchase was $614.97. The current balance due is $614.97.
Mr. [redacted] states that when he paid the above-referenced accounts, a Midland Credit representative advised him they would be removed from his consumer credit files and marked paid in full. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable policy.
With that said, while Midland Credit is pleased that it was able to assist Mr. [redacted] in reaching a resolution which resolved the balances for the above-referenced accounts, 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 accounts [redacted] and [redacted] as “Account paid in full, was a collection account.” If Midland Credit were to delete the accounts, their correct and accurate status would not be reflected.
Aside from the above, in his CFPB submission, Mr. [redacted] stated that all three accounts were paid. Midland Credit advised Mr. [redacted] that final payment has not been received for account no. [redacted]. However, if Mr. [redacted] believes such is not the case, Midland Credit requests that he provide documentation or evidence which substantiates his claim. 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 Mr. [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]
Enclosure
11pt; font-family: 'Times New Roman', serif;">Thank you for your letter inquiry dated March 4, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of three
accounts belonging to [redacted] two of which are being reported on her
consumer credit files.
Midland Credit became the servicer of account
no. [redacted] on behalf of purchaser, Midland Funding LLC (hereinafter
“Midland Funding”), on September 14, 2012. Information provided by the seller, [redacted], at the time
of acquisition indicates this account was originated on March 26, 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 November 19,
2011. The charge-off balance was
$854.16. Additional seller fees
of $213.54 resulted in a balance at the time of purchase by Midland Funding of
$1,067.70.
Midland Credit became the servicer of account
no. [redacted] on behalf of
purchaser, Midland Funding, on August 28,
2013. Information provided by the
seller, [redacted],
at the time of acquisition indicates this account was originated on December 12, 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 October 14,
2012. The balance at the time of
purchase was $464.88.
[redacted] expresses a concern that her validation requests have been
ignored. A review of Midland Credit’s
business records indicates that shortly after Midland Funding acquired account
no. [redacted], on November 4, 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”). Midland Credit mailed a similar letter for
account no. [redacted] on October 11, 2013.
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 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 Ms.
[redacted] and collect the debts.
Midland Credit acted
in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First
policy, Midland Credit made the business decision to close account no.
[redacted]. There will be no further
collection activity, credit reporting or sale of this account. In addition, the three credit-reporting
agencies will be notified to delete all reference to the account in question
from [redacted]’s consumer credit files.
Account
no. [redacted] remains valid, due, and owing.
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 assist her in reaching a resolution that will be both
beneficial to her, as well as settle the balance for account no. [redacted].
As referenced
above, Midland Credit is the servicer of a third account belonging to [redacted] that is not currently being reported on her consumer credit files.
Midland Credit became
the servicer of account no. [redacted], on behalf of purchaser, Midland Funding,
LLC (“Midland Funding”) on January 31, 2012.
Information provided by the seller, [redacted], at the
time of acquisition indicates this account was originated on January 27, 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 July 8, 2011.
The balance at the time of purchase was $45.32.
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
class="MsoNormal">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 17, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note that Midland Credit was unaware that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
[redacted] alleges that Midland Credit representatives have called excessively and 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.
Information in the complaint indicates [redacted] resides in [redacted]. Based on that information, all calls were placed after 8:00am and prior to 9:00pm Pacific Standard Time, and Midland Credit did not attempt to call [redacted] more often than what is allowable.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s 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
September 2, 2014
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 dated August 19, 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.
Midland Credit provided all the relevant account information in its previous letter response to your office dated August 13, 2014. [redacted] continues to allege that she was promised the account would be deleted once the debt was paid. Midland Credit maintains its position in that neither Midland Credit nor [redacted] had any direct contact with [redacted]. Payment was made through judgment enforcement, not through voluntary agreement.
Again, 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.
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 follow-up letter inquiry dated July 2, 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.
Midland Credit
provided all the relevant account information in its previous letter response
to your office dated July 1, 2014. Ms. [redacted] expresses a concern that Midland
Credit continues to verify inaccurate, false information to the credit
reporting agencies. Ms. [redacted] also expresses
a concern that Midland Funding is reporting a high balance on the account. As expressed in its previous letter response,
Ms. [redacted] is encouraged to communicate directly with the credit bureaus should she
have any further concerns about the nomenclature that Midland Funding 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. Further, Midland Funding does not report
payment histories, balance histories or terms.
Additionally, the “type loan” Ms. [redacted] refers to
appears to be a misunderstanding of the information on the credit report. What actually appears is “type of loan – debt
buyer account” which is correct. The
“high balance” to which Ms. [redacted] refers is the original balance at the time of
purchase. Midland Credit’s position has
not changed and it firmly stands behind its previous response.
As stated previously, 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
bureau itself. A review of Midland Credit’s business records indicates that Midland
Funding is accurately reporting the above-referenced account to the three major
credit reporting agencies. An instant
update was submitted electronically on July 15, 2014 to ensure the accuracy of
Midland Funding’s tradeline. A copy of
the Universal Data Form submitted is enclosed and a copy has also been mailed
to Ms. [redacted].
Please assure Ms. [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 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]
Enclosure
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 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]
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 regarding[redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 4, 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 May 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 7, 2001, as an [redacted] account number ending in [redacted], in the name of [redacted]., under the last four of the social security number [redacted]. The date of default was December 2, 2010. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2011. The balance at the time of purchase was $4,094.56.
Midland Credit sent [redacted] a validation letter on May 15, 2013. 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.
[redacted] expresses concern that the account has never been validated, and that Midland Credit failed to respond to his validation request received on June 23, 2016. Midland Credit’s business records indicate that in response to a notice of possible dispute from the credit reporting agencies, verification information provided by the seller was sent to [redacted] on June 8, 2016. Midland Credit’s business records also indicate that it received the referenced certified correspondence from [redacted] on June 23, 2016. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on July 7, 2016, advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate.
Please note that this response was mailed to the same address listed in [redacted] complaint. A copy of the verification information is again enclosed for his records. 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.
Based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for the above-referenced account, is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
A review of Midland Credit’s business records indicates that on December 15, 2013, this account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”). Please note that a judgment was obtained on December 3, 2014, a copy of which is enclosed. Midland Credit encourages [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution. [redacted] may reach the Internal Legal Department at PO Box 939050, San Diego, CA 92193. Their phone number is [redacted]
Per [redacted] previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
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
In 2011 I had a court ordered settlement with Midland Funding and have been paying a monthly payment for 5 years to clear the court ordered settlement. Two months before my settlement was paid in full with Midland Fundings partner company (Hunt and Henriques) they closed my account and transferred it back to Midland Funding without any notification. Once they stopped debiting my account I did my due diligence to confirm my account was paid in full by calling both Hunt and Henriques and Midland Funding. Hunt and Henriques confirmed that my account was closed and sent me documentation to prove it. Midland Funding told me that I owed them an additional $2,951.34 and would not give me a reason to why? I have all the court ordered documentation to prove this is a scam from Midland Funding. I have attempted to contact them multiple times and speak to a supervisor with no success. The names of the account managers and supervisors that I have been given are [redacted] and [redacted]. Since I have not received a call back I am now in contact with the Superior Court of San Diego in regards to the settled case on 2/16/11. This appears to be a scam by Midland Funding, if you are having similar circumstances with this company please leave a review so we can get to the bottom of the issue and hopefully stop the scam.
December 4, 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 dated November 20, 2014, regarding Ms. [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 June 10, 2009. Information provided by the seller, [redacted], N.A., at the time of acquisition indicates this account was originated on December 11, 2003, as a [redacted] VISA 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 31, 2009. The balance at the time of purchase was $952.93.
Ms. [redacted] expresses a concern that Midland Credit has failed to provide her with validation of the debt. On October 14, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Ms. [redacted] on October 14, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
As mentioned above, Midland Credit received correspondence from Ms. [redacted] on October 14, 2014. Although the request was not timely, verification information provided by the seller was mailed to her in response to the dispute on October 17, 2014.
Ms. [redacted] also mentions that the account is past the statute of limitations. A review of Midland Credit’s business records indicates the statute of limitations for the account did not expire until November 11, 2014, at which time Midland Credit closed the account. Midland Credit acted in a timely manner and has complied with all applicable laws. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been 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 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]
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]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated August 26, 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 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 21, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 22, 2013. The balance at the time of purchase was $1,302.38.
That being said, [redacted] requests validation for the above referenced account. A review of Midland Credit’s business records indicates that on April 5, 2014, 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 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 directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. Based on the referenced information, a review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the credit reporting agencies.
Midland Credit has acted in a timely manner and complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and has begun the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
April 15, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] T [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to Mr. [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on April 27, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 6, 2008, as an [redacted]./[redacted] account number ending in [redacted], in the name of [redacted] T [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2010. The balance at the time of purchase was $823.09.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 15, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 15, 2009, as a [redacted], N.A. [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 22, 2011. The balance at the time of purchase was $513.43.
Mr. [redacted] expresses a concern that the above-referenced accounts were paid in full to the original companies. Midland Credit mailed Mr. [redacted] separate and unique validation letters – on May 1, 2010, for account no. [redacted], and on June 26, 2015, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debts or requesting validation from Mr. [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first notification of a possible dispute from the credit reporting agencies on or about March 15, 2012 for account no. [redacted] and on or about January 6, 2016 for account no. [redacted]. In response to the notices of possible disputes, Midland Credit sent Mr. [redacted] separate letters requesting more information regarding the nature of his dispute on March 17, 2012, and January 20, 2016, respectively. However, to date, Midland Credit has not received any documentation supporting Mr. [redacted]’s claim.
Mr. [redacted] expresses an additional concern that he is unemployed and on permanent disability. With that said, please note that 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 accounts. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from Mr. [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 Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ###-###-#### should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received November
10, 2015. Midland Credit appreciates the
opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection
Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is
enclosed. An investigation of this matter indicates that Midland Credit
became the servicer of the above-referenced account on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on March 11, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account
originated on March 31, 1999, 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 24, 2014. The balance at the time of purchase by
Midland Funding was $22,734.85.
Ms.
[redacted] expresses a concern that she has not received validation of this debt. Midland Credit sent Ms. [redacted] a validation
letter on March 18, 2015. In the letter,
Midland Credit informed her that Midland Funding had acquired the account, and
provided the required disclosure of rights set forth in the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to Ms.
[redacted] at the same address listed within her complaint, and was not returned
as “undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it received the first correspondence
from Ms. [redacted] on August 7, 2015.
Based on the information Ms. [redacted] provided and pursuant to the Texas
Finance Code, Midland Credit responded by sending her a letter on August 12,
2015 advising that Midland Credit had determined that its credit file, and the
information it is furnishing for the above-referenced account, was accurate.
Upon
receipt of Ms. [redacted]s previous complaint, Midland Credit acknowledged Ms.
[redacted]s dispute, annotated the account as disputed, and ceased collection efforts
while it is in the process of verifying the debt. Once Midland Credit has obtained verification
of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish
account information to the three major credit reporting agencies until it is
able to provide Ms. [redacted] with verification of the debt.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (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
Dear [redacted]:
class="MsoNormal">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Please note that [redacted] previously filed a complaint through your office (Revdex.com# [redacted]. A copy of Midland Credit’s previous response letter is enclosed. Midland Credit provided all relevant account identifying information within said response.
[redacted] expresses concern whether Midland Credit is accurately reporting the above-referenced account on his consumer credit files, stating that Midland Credit previously agreed to remove its tradeline. Please note that Midland Credit has never advised [redacted] that it would remove its tradeline. On the contrary, as indicated within its previous response letter, Midland Credit previously provided [redacted] with the verification information for the account and advised that it is accurately reporting the account to the credit reporting agencies.
If [redacted] is ready to settle the debt, he may qualify for a reduction in his account balance. Until then, the account will remain coded “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
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
Thank you for your letter inquiry dated June 17, 2014
Roman';">, 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] reporting on their consumer credit
files.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”) on October 14, 2011. Information provided by the seller, Sherman Originator
III, LLC, at the time of acquisition indicates this account was originated on May
1, 2009, as a Credit One Bank, N.A. VISA account number ending in [redacted], in the
name of [redacted], under the last four digits of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on September 27, 2011. The balance at the time of purchase was $784.75.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”) on May 15, 2012. Information provided by the seller, Chase Bank
USA, N.A., at the time of acquisition indicates this account was originated on April
6, 2007, as a Chase Bank USA, N.A. / Washington Mutual Bank VISA account number
ending in 0627, in the name of [redacted] G [redacted], under the last four of the
social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on April 30, 2012. The balance at the time
of purchase was $1,070.33.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”) on May 8, 2013. Information provided by the seller, Bureaus Investment,
at the time of acquisition indicates this account was originated on October 16,
2006, as a HSBC Bank Nevada, N.A. / Best Buy / HSBC Retail Card Services, Inc. credit card account number ending
in [redacted], in the name of [redacted], under the last four of the social
security number [redacted]. Subsequently, the
account was charged-off as an unpaid delinquent-debt on January 31, 2011. The balance at the time of purchase was $677.41.
While
not the only item of concern in [redacted]’s complaint, there is the claim
that Midland continues to report inaccurate information on their consumer
credit file. While Midland Credit is
sensitive to [redacted]’s concern Midland Credit does not alter or modify
any of the original account information provided by the seller, such as the
name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the
accounts it acquires based on the business records maintained by the original
lender/seller. The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding
LLC. In accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date being reported on this account reflects the “date that the
account was purchased by the debt buyer or placed/assigned to the third party
collection agency.”
Further,
if [redacted] obtained their 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 from the credit bureau directly.
[redacted] also writes that a negative account cannot remain on consumer credit
files for more than seven years from the date of the first delinquency. A
review of Midland Credit’s business records indicates that the seven-year
Federal Reporting period does not expire until January [redacted] for account
[redacted]; until August [redacted] for account [redacted]; and until May 2017 for
account [redacted]. Please note that
this does not extinguish the debt. Rather,
it prevents the accounts from being reported to the credit reporting
agencies. The accounts will 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.
[redacted] also questions whether Midland Credit has the right to collect on the
debts. Midland Funding purchased the
accounts with full rights, and placed the accounts for collection with Midland
Credit. 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 and their designated
collection agencies have the right to repayment of the credit account.
Account [redacted]
A
review of Midland Credit’s business records indicates that on February 5, 2012,
this account was outsourced to the law firm of Litow & Pech, PC located at 1847
E Ave NE, Cedar Rapids, IA 52402. On
June 28, 2013, the account was transferred to Pech, Hughes & Mcdonald, P.C. located at 505
33rd Ave. SW. Cedar Rapids, IA 52402. Their phone number is 800-617-7593. I
have forwarded a copy of [redacted]’s
complaint to the firm.
Account [redacted]
Midland
Credit’s business records indicate that on August 26, 2012, this account was
outsourced to the law firm of Litow & Pech, PC located at 1847 E Ave NE, Cedar
Rapids, IA 52402. On August 4, 2013, the
account was transferred to TRAKAmerica
located at 999 Vanderbilt Beach Road STE 607, Naples, FL 34108. Their
telephone number is 800-277-4431.
I have forwarded a copy of [redacted]’s
complaint to the firm.
Account [redacted]
Midland
Credit’s business records indicate that on November 3, 2013, this account was also
outsourced to the law firm of Pech, Hughes & McDonald P.C. located at 505 33rd Ave SW, Cedar Rapids, IA
52402. I have forwarded a copy of
[redacted]’s complaint to the
firm. Further, per their records, the account is in the process of being
returned to Midland Credit as it has been paid. [redacted] has no further
obligation to this account.
[redacted] also requests validation for the above-referenced accounts.
Midland Credit mailed [redacted] separate and unique validation letters – on
November 16, 2011, for account no. [redacted], on May 25, 2012, for account no.
[redacted], and on May 15, 2013, for account no. [redacted]. These letters
informed the [redacted] that Midland Funding had acquired the accounts, and
of the consumer’s 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 the consumer via
the United States Postal Service, and were not returned as “undeliverable” –
satisfying the requirements set forth within the FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debts or requesting validation from [redacted] in response to
the letters. In fact, no written correspondence was received from [redacted] prior to the complaint filed through your office.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did
not receive such notices in a timely manner, Midland Credit appropriately
proceeded with efforts to contact [redacted] and collect the debts.
With
that said, verification information provided by each of the sellers is enclosed
for [redacted]’s records. Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (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
Dear [redacted]
size="3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to [redacted]. During a search for the correct consumer, [redacted] address 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.
[redacted] address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure [redacted] that she will no longer receive correspondence from Midland Credit representatives 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]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated August 8, 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.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of pur[redacted]r, Midland Funding LLC (“Midland Funding”), on January 4, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 28, 1990 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of pur[redacted] was $8,578.77.
[redacted] states that Midland Credit has not provided verification of debt. Midland Credit sent [redacted] a validation letter on January 9, 2011 to the same address listed within her complaint. In the letter, Midland Credit informed that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from [redacted] in response to that letter or pursuant to the Texas Finance Code. 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 will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
[redacted] also expresses concern that Midland Credit is not reporting accurately on her consumer credit files. A review of business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. However, in keeping with its Consumer-First policy, Midland Credit has submitted an instant update to the three major credit reporting agencies to reconfirm accurate reporting of its tradeline on [redacted]’s consumer credit files.
With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted]’s attorney call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to [redacted], as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
class="MsoNormal">
Thank you for your letter inquiry dated March 14, 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.
A review of Midland Credit’s business records indicates that [redacted] stated he would be forwarding the matter to an attorney. Going forward, all communication about the matter should be handled by his attorney. If [redacted] is no longer represented by an attorney, Midland Credit requests that written notice be provided so it may update its records and allow its representatives to communicate with him directly.
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 December 30, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 11, 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 September 30, 2009. The balance at the time of purchase was $832.03. The balance due as of March 22, 2014, 2012, including interest accrued, is $1,050.93.
[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 account, on February 19, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). 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 did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on January 17, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
[redacted] also questions whether additional fees can be added due to the expiration of the Statute of Limitations. Please note, all of the $218.90 added to the account balance is reflective of interest accrued. There have been no fees added to the balance. A review of Midland Credit’s business records indicates that the Statute of Limitations expired on March 4, 3013. However, the passing of the Statute of Limitations does not extinguish the validity of the debt or the ability to accrue interest or fees; rather, it eliminates the legal cause of action, or remedy. The above-referenced account still remains collectible, due and owing to Midland Credit.
Although his requests are not timely, copies of the bill of sale and the chain of title are enclosed. Additionally, per his request for validation, a copy of the verification information provided by the seller, and previously sent to [redacted] on January 29, 2014 in response to his dispute of January 17, 2014, is also enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the three major 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 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
Thank you for your letter inquiry dated
'Times New Roman', serif;">July 1, 2014, regarding Mr. [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.
Mr. [redacted] filed similar complaints through the Office of the Attorney General, State of Ohio (“AG”) and also through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would include the same information as the responses which Midland Credit previously provided to both the AG and CFPB, copies of those responses are enclosed.
As stated in Midland Credit’s earlier responses; Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on October 22, 2010. Information provided by the seller, Sherman Originator III, LLC, at the time of acquisition indicates this account was originated on January 11, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 17, 2010. The balance at the time of purchase was $642.50. Final payment on the account was received on February 28, 2013. Mr. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on December 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 1, 2004 as a GE Capital Retail Bank/[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 February 8, 2012. The balance at the time of purchase was $527.36. Final payment on the account was received on February 28, 2013. Mr. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on September 4, 2013. Information provided by the seller, Asset Acceptance, LLC, at the time of acquisition indicates this account was originated on August 23, 2006 as a [redacted] (USA), N.A. MasterCard account number ending in [redacted], in the name of [redacted] E [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 22, 2010. The balance at the time of purchase was $614.97. The current balance due is $614.97.
Mr. [redacted] states that when he paid the above-referenced accounts, a Midland Credit representative advised him they would be removed from his consumer credit files and marked paid in full. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable policy.
With that said, while Midland Credit is pleased that it was able to assist Mr. [redacted] in reaching a resolution which resolved the balances for the above-referenced accounts, 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 accounts [redacted] and [redacted] as “Account paid in full, was a collection account.” If Midland Credit were to delete the accounts, their correct and accurate status would not be reflected.
Aside from the above, in his CFPB submission, Mr. [redacted] stated that all three accounts were paid. Midland Credit advised Mr. [redacted] that final payment has not been received for account no. [redacted]. However, if Mr. [redacted] believes such is not the case, Midland Credit requests that he provide documentation or evidence which substantiates his claim. 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 Mr. [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]
Enclosure
Dear [redacted]:
11pt; font-family: 'Times New Roman', serif;">Thank you for your letter inquiry dated March 4, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of three
accounts belonging to [redacted] two of which are being reported on her
consumer credit files.
Midland Credit became the servicer of account
no. [redacted] on behalf of purchaser, Midland Funding LLC (hereinafter
“Midland Funding”), on September 14, 2012. Information provided by the seller, [redacted], at the time
of acquisition indicates this account was originated on March 26, 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 November 19,
2011. The charge-off balance was
$854.16. Additional seller fees
of $213.54 resulted in a balance at the time of purchase by Midland Funding of
$1,067.70.
Midland Credit became the servicer of account
no. [redacted] on behalf of
purchaser, Midland Funding, on August 28,
2013. Information provided by the
seller, [redacted],
at the time of acquisition indicates this account was originated on December 12, 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 October 14,
2012. The balance at the time of
purchase was $464.88.
[redacted] expresses a concern that her validation requests have been
ignored. A review of Midland Credit’s
business records indicates that shortly after Midland Funding acquired account
no. [redacted], on November 4, 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”). Midland Credit mailed a similar letter for
account no. [redacted] on October 11, 2013.
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 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 Ms.
[redacted] and collect the debts.
Midland Credit acted
in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First
policy, Midland Credit made the business decision to close account no.
[redacted]. There will be no further
collection activity, credit reporting or sale of this account. In addition, the three credit-reporting
agencies will be notified to delete all reference to the account in question
from [redacted]’s consumer credit files.
Account
no. [redacted] remains valid, due, and owing.
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 assist her in reaching a resolution that will be both
beneficial to her, as well as settle the balance for account no. [redacted].
As referenced
above, Midland Credit is the servicer of a third account belonging to [redacted] that is not currently being reported on her consumer credit files.
Midland Credit became
the servicer of account no. [redacted], on behalf of purchaser, Midland Funding,
LLC (“Midland Funding”) on January 31, 2012.
Information provided by the seller, [redacted], at the
time of acquisition indicates this account was originated on January 27, 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 July 8, 2011.
The balance at the time of purchase was $45.32.
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]
Dear [redacted]
class="MsoNormal">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 17, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note that Midland Credit was unaware that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
[redacted] alleges that Midland Credit representatives have called excessively and 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.
Information in the complaint indicates [redacted] resides in [redacted]. Based on that information, all calls were placed after 8:00am and prior to 9:00pm Pacific Standard Time, and Midland Credit did not attempt to call [redacted] more often than what is allowable.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s 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]