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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The accuracy of information you have reported to my credit file and in your response to Revdex.com and CFPB is challenged .MIDLAND funding in their response are blatantly providing false information they claim to have sent me letters but I Never received any communication in writing from MIDLAND FUNDING. That is false and not accurate because they have never verified this debt to me and they NEVER sent any of the letters that they claim to have sent.-My address in file has not changed.
I am maintaining a careful record of my communications with you on this matter, for the purpose of filing a complaint with the FTC and the Attorney General of [redacted] should you continue in your non-compliance.
In compliance with FCRA §623(a) (8) (D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes the following Identification of the specific information being disputed:
MIDLAND Funding as shown on my [redacted] and [redacted] Credit Report accounts [redacted] and [redacted] are showing incorrect information.
Basis for the dispute:
1. ACCOUNT [redacted] is Reporting Date of First Delinquency as 5/2010 with [redacted] and that information should be 08/2009. The fact that you bought the Debt in May 2010 Does not change the original Date of first Default with the original creditor [redacted].Your claim that its first date of default was when you bought it which is in VIOLATION under the provisions of FCRA §623(a)(8)(D).
Also, the account was charged off By ORIGINAL CREDITOR in December 2008. MIDLAND FUNDING cannot report that the account’s FIRST DATE OF DEFAULT was 5/2010 when they purchased the account and that
MIDLAND funding in their letter state that seven-year Federal Reporting period for the accounts does not expire until May 2017 for account no. [redacted] which is a violation because the First Date of Delinquency is not 5/2010 that MIDLAND is using to report in violation under the provisions of FCRA §623(a)(8)(D).
2. ACCOUNT [redacted] is Reporting Date of First Delinquency as 04/2010 with [redacted] and That information should be 10/2008 The fact that you bought the Debt in APRIL 2010 Does not change the original Date of first Default with the original creditor [redacted].Your claim that its first date of default was when you bought it which is in VIOLATION OF under the provisions of FCRA §623(a) (8) (D), of the accuracy of information you have reported to my credit file.
Also, the account was charged off by the ORIGINAL CREDITOR in OCT 2009. MIDLAND FUNDING cannot report that the account’s FIRST DATE OF DEFAULT was 42010 when they purchased the account. That’s a violation of under the provisions of FCRA §623(a) (8) (D).
MIDLAND funding in their letter state that seven-year Federal Reporting period for the accounts does not expire until April 2017 for account no. [redacted] which is a violation because the First Date of Delinquency is not 4/2010 that MIDLAND is using to report in violation under the provisions of FCRA §623(a)(8)(D).
3. The type of account is listed as revolving account. Please remove this incorrect information. MIDLAND is not a creditor and I have never entered an installment account or agreement with the company.
4. The account status is shown as “Past Due $ $1,748 past due as of Dec 2014.” Please delete this incorrect information. MIDLAND is not a creditor; you cannot report an account as past due or current.
5. The "Recent Balance" MIDLAND has most recently reported as past due as of Dec 2014. and listed this account as 120 days past due. Please remove this incorrect information. There is no payment history to report as MIDLAND is not a creditor.
6. Terms are listed as 1 month. Please remove this incorrect information. I have no terms or installment agreement with MIDLAND as MIDLAND is not a creditor.
7. The Payment status is listed incorrectly as “past due as of Dec 2014’ please remove this incorrect information. I have no terms or installment agreement with MIDLAND as MIDLAND is not a creditor.
If this account is not deleted from all credit reporting agencies within 10 days you can expect a lawsuit to be filed against you without further notice, on the following violations:
FCRA:
§ 616 civil liability for willful noncompliance
§ 617 civil liability for negligent noncompliance
§ 623 Responsibilities of furnishers of information to consumer reporting agencies
Failure to perform a reasonable reinvestigation
FDCPA:
§ 807 False or misleading representations
§ 808 Unfair practices
§ 809 Validation of debts
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
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 27, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 8, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on April 6, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 31, 2012. The balance at the time of purchase was $6,277.36.
A review of Midland Credit’s business records indicates that on April 22, 2012, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department’s business records indicate that appropriate legal action was initiated on October 19, 2012. Service of Process was completed on October 27, 2012, and a judgment was obtained on November 13, 2013. A copy of the judgment is enclosed.
[redacted] expresses a concern that she is making payments in accordance with the arrangement set up with the Internal Legal Department but that the account continues to reflect missing payments and appears as a collection account on her credit report. The Internal Legal Department advises that [redacted] is current in making payments according to the agreement reached with them.
Regarding [redacted]’s concerns about the manner in which the account is appearing on her consumer credit files, although Midland Credit submits regular updates to the reporting agencies, Midland Credit does not report accounts as having missed payments to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Additionally, the account was sold into collections by the original creditor and as such, must be accurately reflected as a collection account.
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that Midland Credit is furnishing accurate information to the credit reporting agencies. In addition, if [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.
Should [redacted] have any further questions about continuing with her agreement to resolve the account balance, she may contact the Internal Legal Department at PO Box 939033, San Diego, CA 92193. Their phone number is [redacted].
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 29, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 24, 2010 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 February 17, 2012. The balance at the time of purchase was $570.36. Final payment for the account was received July 9, 2014. [redacted] has no further financial obligation to the account.
While not the only item of concern referenced in her complaint, [redacted] writes that she was advised that the account would be deleted if she were to settle the account. Please note that it is Midland Credit’s policy that all accounts are reported accurately. Once paid, the account will be reported as “Account paid in full, was a collection account.” Should the account be settled for less than the full balance, an additional memo would be reported, stating “Account paid in full for less than the full balance.” During the call in question, [redacted] was advised how the account would be reported, and chose to pay the account in full. The topic of deleting the tradeline was not mentioned during the call. Midland Credit has reviewed its business records, and has determined that no violation of company policy has occurred.
Aside from the above, [redacted] writes that the above-referenced account is reporting as “120 days past due” on her consumer credit files. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 days past due” to the credit reporting agencies. Depending on the current condition of a given account, it will report as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that the account is reporting accurately to the three major credit reporting agencies.
[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. Midland Funding has no control over said nomenclature assigned. In addition, if [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.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated August 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.
Midland Credit provided all the relevant account information in its previous letter response to your office dated July 28, 2014. [redacted] expresses concern that Midland Credit has not provided verification of the above-referenced debt. Please note that Midland Credit provided verification information by mail in response to [redacted]’s May 13, 2014 correspondence, which was also enclosed in its previous response to your office. 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).
[redacted] also states that he filed a police report for identity theft with the [redacted] Police Department and provided Midland Credit with the case number. Please note that Midland Credit did not receive a copy of such police report as requested in its previous response to your office, or an affidavit of fraud showing that he reported the fraudulent activity. While Midland Credit did not receive the requested documentation, it conducted an investigation using the information provided by [redacted], and was unable to locate such record with the [redacted] Police Department.
However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
May 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM#[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated May 2, 2016. [redacted] states that she never received any correspondence with Midland Credit’s previous response. In its previous response, Midland Credit advised that it had acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Please note, the investigation of [redacted]’s dispute is on-going and a conclusion has not yet been reached. A response will be provided upon the conclusion of Midland Credit’s investigation.
[redacted] also expresses concern that the above referenced account is reporting on her [redacted] credit report. In its previous response, Midland Credit advised [redacted] that it would not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt. Midland Credit’s business records indicate the trade line was already removed. Please note, Midland Credit submits updates to the credit reporting agencies each month, however, it may take additional time for the credit reporting agencies to update the information that is being provided to them. [redacted] is encouraged to communicate directly with the credit reporting agencies should she have any further concerns.
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]
class="MsoNorm**">
Thank you for your letter inquiry dated September 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 30, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on March 7, 2003 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 30, 2009. The balance at the time of purchase was $4,744.83.
A review of Midland Credit’s business records indicates that on October 2, 2011, this account was outsourced to the law firm of [redacted]. ([redacted]”) located at [redacted]. Their phone number is (619) 275-4001. Final payment on the account was posted to the account on January 3, 2013. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that after the account had been settled, he was advised that the credit reporting would be deleted from his consumer credit files. However, a review of Midland Credit’s business records for the account do not show a record of a conversation occurring with [redacted] from the time the account was outsourced to [redacted] until August 22, 2014.
As [redacted] indicates, during the August 22, 2014 conversation he was informed of 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. 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.”
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 2, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 30, 2006, as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 31, 2010. The balance at the time of purchase was $1,099.49.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on April 2, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 3, 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 30, 2010. The balance at the time of purchase was $1,067.38.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on May 28, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 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 credit card account was charged-off as an unpaid delinquent-debt on June 21, 2009. The balance at the time of purchase was $989.65.
[redacted] writes that Midland Credit has refused to provide evidence that he owes money and requests for validation documentation. Midland Credit sent separate and unique validation letters to [redacted] on April 27, 2012 for account nos. [redacted] and [redacted], and on June 6, 2010 for account no. [redacted]. In the letters, Midland Credit informed [redacted] that Midland Funding had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.
Midland Credit’s business records indicate that it received the first written correspondence from [redacted] on May 2, 2014 regarding the accounts. 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.” Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] separate and unique response letters on June 4, 2014 advising him Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
[redacted] also writes that writes that Midland Credit has re-aged the debts. While Midland Credit is sensitive to his concern, it 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 services based on the business records maintained by the original lender/seller. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on the accounts reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding.
Lastly, [redacted] indicates that the accounts are past their statute of limitations, and requests that Midland Credit remove its tradeline from his consumer credit files. A review of Midland Credit’s business records indicates that the statute of limitations expired on May 5, 2014 for account no. [redacted], on April 4, 2014 for account no. [redacted], and on December 23, 2012 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of the debts. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debts. It only prevents the accounts from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the accounts does not expire until May 2017 for account no. [redacted], April 2017 for account no. [redacted], and December 2015 for account no. [redacted].
Please note that based on the information provided by the sellers, Midland Credit has determined that its credit file and credit reporting of the above-referenced accounts is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the debts, he may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balances.
In the meantime, per his previous request, the accounts will remain marked “Direct Mail Only.” While they remain due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received February 25, 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 he 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]:
Roman';">
Thank you for your letter inquiry dated September 24, 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 August 26, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 29, 2007 as a [redacted] line of credit 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 21, 2010. The balance at the time of purchase was $4,035.46.
[redacted] expresses a concern that the account had been settled with the original creditor and that Midland Credit has ignored those concerns. A review of Midland Credit’s business records indicates that it did receive correspondence from Mrs. Chavez which included a letter from the original creditor stating an account was settled in September 2010. The account number on the letter did not match the original account number provided by the seller to Midland Credit and so it was not accepted as supporting her claim at that time.
Upon further review, Midland Credit identified an additional account number associated with this debt. Based on this review, Midland Credit recognizes that the account was settled previously with the original creditor and should not have been sold to Midland Funding in 2011. 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 [redacted] consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[My credit reports state that Midland Funding is a factoring company this is in collection but your attached validating refutes this information (15 U.S.C. § 1681 et seq). This does not validate I owe you this debt. I'm requesting for proof that I am indeed the party you are asking to pay this debt and there is some contractual obligation which is binding me to pay this debt. I'm looking for proof that the debt is mine and will require a copy of the original contract under which the credit account was obtained, as well as monthly statements since the debt was purchased itemized with the interest, payments, credits, fees, and/or permissible charges.
If Midland Funding has failed to provide proof, per Federal Law (The Fair Debt Collections Practices Act, Section 805) I formally request that Midland Funding CEASE and DESIST ALL efforts to collect on account [redacted] and debt. I request to have this account deleted from my credit reports and the inquiry that resulted from their HARD pull deleted. I also request that they be denied all further access to my credit report. I will also be filing a separate report with the FTC. ]
Regards,
[redacted]
Thank you for your letter inquiry dated September 5, 2014,
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
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 December 28, 2012.
Information provided by the seller, [redacted] at the
time of acquisition indicates this account was originated on August 29, 2010 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 April 8, 2012. The charge-off balance was $1,974.27.
Additional seller fees of $468.57 resulted in a balance at the time of purchase
by Midland Funding of $2,442.84.
[redacted] expresses a concern that her
validation requests have been ignored. On January 12, 2013, Midland
Credit mailed [redacted] a validation letter, which informed her that Midland
Funding had acquired the account, and of her rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to [redacted] 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, 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.
A review of Midland Credit’s business records
indicates that it received notification from the credit reporting agencies on
October 16, 2013, notifying it of a possible dispute. In response, on October
18, 2013, Midland Credit mailed a copy of the verification information provided
by the seller to [redacted]. Another copy
of the verification information provided by the seller is enclosed.
Lastly, [redacted] expresses a concern that
Midland Credit has re-aged the account by listing an open date that is later
than the original. 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 services based on the business records maintained by the original lender/seller.
As referenced above, the open date listed on [redacted]’s credit report is in
fact the date of purchase by Midland Funding. In accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date 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.”
If [redacted] is ready to settle
the above-referenced debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist her in reaching a resolution that will settle 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
Dear [redacted]
Roman">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 21, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 8, 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 December 10, 2009. The balance at the time of purchase was $363.97.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees, stating that he was treated rudely and that representatives refused to assist him. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Midland Credit has investigated [redacted]’s concerns 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 law.
[redacted] contacted Midland Credit on April 13, 2015, and requested a non-recorded line. A review of Midland Credit’s business records indicates that he was advised of the credit reporting status of the account and that Midland Credit does not report account as “120 days late.” [redacted] requested that he speak with a different representative who could answer his questions further, and was transferred to another representative, who also advised that Midland Credit does not report accounts as “120 days late.”
[redacted] contacted Midland Credit again on April 17, 2015, and discussed the account with a Midland Credit representative. An authorized representative for [redacted] was also on the call. He was again advised that Midland Credit does not report accounts as “120 days late,” and that Midland Credit could not provide a letter stating that the account was being incorrectly reported as such. Based on the information available to it, Midland Credit must respectfully conclude that [redacted] was treated respectfully, and appropriately advised about his account.
As noted above, although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 days past due” to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account to the three major credit reporting agencies.
Midland Credit received [redacted]’s correspondence requesting validation on February 6, 2015. Although the request was not timely, verification information provided by the seller was mailed to [redacted] in response to his dispute on or about February 11, 2015. A copy of the verification information provided by the seller is enclosed. If [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balance.
Should [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 16, 2003, as a [redacted] account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 22, 2011. The balance at the time of purchase was $2,382.04. Final payment on the account was received by Midland Credit on February 28, 2013. [redacted] has no further financial obligation for this account.
[redacted] states that after she paid the account, the collection tradeline was removed from her credit report and was reinstated in June 2016. Midland Credit acted in a timely manner and has complied with all applicable laws. Upon resolution of the account balance, Midland Credit appropriately notified the credit reporting agencies to reflect the paid status of the debt. No further updates were made to the information being furnished to the credit reporting agencies after the last update sent in June of 2013 to again reflect the account was paid. Please note, Midland Credit has no control over the manner in which each credit reporting agency decides to display information that was furnished.
With that said, Midland Credit recently updated its credit reporting policy to remove paid tradelines after two years from the date of delinquency. As such, the three credit-reporting agencies were notified to remove reference of this account from [redacted] consumer credit files on or about October 8, 2016.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
April 12, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 29, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated March 1, 2016. [redacted] continues to request a copy of her signature. As indicated in Midland Credit’s previous responses, 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.
[redacted] also expresses a concern that Midland Credit is now sending mail to her parent’s address. However, [redacted] did not provide the address belonging to her parents. Additionally, the last letter mailed to [redacted], was sent to the address listed on the first complaint received through your office. If [redacted] would like to confirm that her parent’s address is no longer associated with the above-referenced account, she may contact Midland Credit’s Consumer Support Services team at[redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated September 16, 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 is the servicer of an account belonging to another consumer with the same last name as [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.
Midland Credit had no information that it was sending correspondence to a wrong address for the consumer until receipt of the complaint through your office. [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. Any and all correspondence she has received from Midland Credit for the referenced account can be disregarded.
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]
class="MsoNormal">
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 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]
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 Ms. [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry dated October 22, 2014, regarding Mrs. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted]s, LLC, at the time of acquisition indicates this account was originated on September 4, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 9, 2008. The balance at the time of purchase was $638.35.
?
Ms. [redacted] expresses a concern that she has been a victim of fraud. On October 4, 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 mailed to Mrs. [redacted] via the United States Postal Service, and was not returned as “undeliverable,” 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 Mrs. [redacted] in response to the letter. 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 Mrs. [redacted] and collect the debt.
?
A review of Midland Credit’s business records indicates that it received the first correspondence from Mrs. [redacted] claiming she was a victim of fraud on September 22, 2014. However, the correspondence did not contain sufficient evidence for Midland Credit to accept as proof of fraud.
?
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from Mrs. [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 Mrs. [redacted].
?
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
?
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The response supplied by Midland Credit Management, concerning
my complaints against Midland Credit Management appears to be a
computer-generated form letter offering little more than an amount and a date
concerning the alleged debt. I do not understand how this company can claim to
be collecting a legitimate debt when they cannot provide any evidence to
support the claims that a) this debt is a legitimate debt, b) proof that
Midland Credit Management has permission to collect this debt, c) they have
provided previous verification of this debt), and d) that Midland currently
possesses any documents of this debt.
Since this company has failed to provide any evidence of the
claims made in their response, I am led to believe that Midland Credit
Management doesn’t possess adequate documentation to collect this alleged debt.
In order to provide proof that a) this debt is legitimate, and b) they have the
right to collect this debt, I am requiring the following documentation as
proof:
1. The original contract including my signature
2. All monthly statements from this account from the day it was
opened with the original creditor until it was assigned with Midland Credit
Management
3. Contract between [redacted] and Midland Credit
Management for this account, granting them ownership of this account
4. The monetary amount for which Midland purchased this account
from [redacted].
5. Day-by-day breakdown of the charges, Interest, and fees that
Midland Credit Management has added to the account since it purchased the
account.
6. Contract between [redacted] and Midland Credit
Management that provides Midland with the ability to collect on this account.
Until the documentation requested in this letter is provided, I
can only assume that this debt does not exist and a clerical error has
occurred. In addition, until this documentation can be provided, I want this
account removed from all three (3) credit reports immediately. Thank you for your help in resolving this matter.
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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The accuracy of information you have reported to my credit file and in your response to Revdex.com and CFPB is challenged .MIDLAND funding in their response are blatantly providing false information they claim to have sent me letters but I Never received any communication in writing from MIDLAND FUNDING. That is false and not accurate because they have never verified this debt to me and they NEVER sent any of the letters that they claim to have sent.-My address in file has not changed.
I am maintaining a careful record of my communications with you on this matter, for the purpose of filing a complaint with the FTC and the Attorney General of [redacted] should you continue in your non-compliance.
In compliance with FCRA §623(a) (8) (D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes the following Identification of the specific information being disputed:
MIDLAND Funding as shown on my [redacted] and [redacted] Credit Report accounts [redacted] and [redacted] are showing incorrect information.
Basis for the dispute:
1. ACCOUNT [redacted] is Reporting Date of First Delinquency as 5/2010 with [redacted] and that information should be 08/2009. The fact that you bought the Debt in May 2010 Does not change the original Date of first Default with the original creditor [redacted].Your claim that its first date of default was when you bought it which is in VIOLATION under the provisions of FCRA §623(a)(8)(D).
Also, the account was charged off By ORIGINAL CREDITOR in December 2008. MIDLAND FUNDING cannot report that the account’s FIRST DATE OF DEFAULT was 5/2010 when they purchased the account and that
MIDLAND funding in their letter state that seven-year Federal Reporting period for the accounts does not expire until May 2017 for account no. [redacted] which is a violation because the First Date of Delinquency is not 5/2010 that MIDLAND is using to report in violation under the provisions of FCRA §623(a)(8)(D).
2. ACCOUNT [redacted] is Reporting Date of First Delinquency as 04/2010 with [redacted] and That information should be 10/2008 The fact that you bought the Debt in APRIL 2010 Does not change the original Date of first Default with the original creditor [redacted].Your claim that its first date of default was when you bought it which is in VIOLATION OF under the provisions of FCRA §623(a) (8) (D), of the accuracy of information you have reported to my credit file.
Also, the account was charged off by the ORIGINAL CREDITOR in OCT 2009. MIDLAND FUNDING cannot report that the account’s FIRST DATE OF DEFAULT was 42010 when they purchased the account. That’s a violation of under the provisions of FCRA §623(a) (8) (D).
MIDLAND funding in their letter state that seven-year Federal Reporting period for the accounts does not expire until April 2017 for account no. [redacted] which is a violation because the First Date of Delinquency is not 4/2010 that MIDLAND is using to report in violation under the provisions of FCRA §623(a)(8)(D).
3. The type of account is listed as revolving account. Please remove this incorrect information. MIDLAND is not a creditor and I have never entered an installment account or agreement with the company.
4. The account status is shown as “Past Due $ $1,748 past due as of Dec 2014.” Please delete this incorrect information. MIDLAND is not a creditor; you cannot report an account as past due or current.
5. The "Recent Balance" MIDLAND has most recently reported as past due as of Dec 2014. and listed this account as 120 days past due. Please remove this incorrect information. There is no payment history to report as MIDLAND is not a creditor.
6. Terms are listed as 1 month. Please remove this incorrect information. I have no terms or installment agreement with MIDLAND as MIDLAND is not a creditor.
7. The Payment status is listed incorrectly as “past due as of Dec 2014’ please remove this incorrect information. I have no terms or installment agreement with MIDLAND as MIDLAND is not a creditor.
If this account is not deleted from all credit reporting agencies within 10 days you can expect a lawsuit to be filed against you without further notice, on the following violations:
FCRA:
§ 616 civil liability for willful noncompliance
§ 617 civil liability for negligent noncompliance
§ 623 Responsibilities of furnishers of information to consumer reporting agencies
Failure to perform a reasonable reinvestigation
FDCPA:
§ 807 False or misleading representations
§ 808 Unfair practices
§ 809 Validation of debts
Regards,
[redacted]
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]
Re: Consumer complaint of [redacted] [redacted]
text-indent: 0.5in; mso-add-space: auto;">Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 27, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 8, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on April 6, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 31, 2012. The balance at the time of purchase was $6,277.36.
A review of Midland Credit’s business records indicates that on April 22, 2012, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department’s business records indicate that appropriate legal action was initiated on October 19, 2012. Service of Process was completed on October 27, 2012, and a judgment was obtained on November 13, 2013. A copy of the judgment is enclosed.
[redacted] expresses a concern that she is making payments in accordance with the arrangement set up with the Internal Legal Department but that the account continues to reflect missing payments and appears as a collection account on her credit report. The Internal Legal Department advises that [redacted] is current in making payments according to the agreement reached with them.
Regarding [redacted]’s concerns about the manner in which the account is appearing on her consumer credit files, although Midland Credit submits regular updates to the reporting agencies, Midland Credit does not report accounts as having missed payments to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Additionally, the account was sold into collections by the original creditor and as such, must be accurately reflected as a collection account.
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that Midland Credit is furnishing accurate information to the credit reporting agencies. In addition, if [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.
Should [redacted] have any further questions about continuing with her agreement to resolve the account balance, she may contact the Internal Legal Department at PO Box 939033, San Diego, CA 92193. Their phone number is [redacted].
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
August 19, 2014
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 29, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 24, 2010 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 February 17, 2012. The balance at the time of purchase was $570.36. Final payment for the account was received July 9, 2014. [redacted] has no further financial obligation to the account.
While not the only item of concern referenced in her complaint, [redacted] writes that she was advised that the account would be deleted if she were to settle the account. Please note that it is Midland Credit’s policy that all accounts are reported accurately. Once paid, the account will be reported as “Account paid in full, was a collection account.” Should the account be settled for less than the full balance, an additional memo would be reported, stating “Account paid in full for less than the full balance.” During the call in question, [redacted] was advised how the account would be reported, and chose to pay the account in full. The topic of deleting the tradeline was not mentioned during the call. Midland Credit has reviewed its business records, and has determined that no violation of company policy has occurred.
Aside from the above, [redacted] writes that the above-referenced account is reporting as “120 days past due” on her consumer credit files. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 days past due” to the credit reporting agencies. Depending on the current condition of a given account, it will report as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that the account is reporting accurately to the three major credit reporting agencies.
[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. Midland Funding has no control over said nomenclature assigned. In addition, if [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.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated August 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.
Midland Credit provided all the relevant account information in its previous letter response to your office dated July 28, 2014. [redacted] expresses concern that Midland Credit has not provided verification of the above-referenced debt. Please note that Midland Credit provided verification information by mail in response to [redacted]’s May 13, 2014 correspondence, which was also enclosed in its previous response to your office. 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).
[redacted] also states that he filed a police report for identity theft with the [redacted] Police Department and provided Midland Credit with the case number. Please note that Midland Credit did not receive a copy of such police report as requested in its previous response to your office, or an affidavit of fraud showing that he reported the fraudulent activity. While Midland Credit did not receive the requested documentation, it conducted an investigation using the information provided by [redacted], and was unable to locate such record with the [redacted] Police Department.
However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
May 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM#[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated May 2, 2016. [redacted] states that she never received any correspondence with Midland Credit’s previous response. In its previous response, Midland Credit advised that it had acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Please note, the investigation of [redacted]’s dispute is on-going and a conclusion has not yet been reached. A response will be provided upon the conclusion of Midland Credit’s investigation.
[redacted] also expresses concern that the above referenced account is reporting on her [redacted] credit report. In its previous response, Midland Credit advised [redacted] that it would not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt. Midland Credit’s business records indicate the trade line was already removed. Please note, Midland Credit submits updates to the credit reporting agencies each month, however, it may take additional time for the credit reporting agencies to update the information that is being provided to them. [redacted] is encouraged to communicate directly with the credit reporting agencies should she have any further concerns.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
class="MsoNorm**">
Thank you for your letter inquiry dated September 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 30, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on March 7, 2003 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 30, 2009. The balance at the time of purchase was $4,744.83.
A review of Midland Credit’s business records indicates that on October 2, 2011, this account was outsourced to the law firm of [redacted]. ([redacted]”) located at [redacted]. Their phone number is (619) 275-4001. Final payment on the account was posted to the account on January 3, 2013. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that after the account had been settled, he was advised that the credit reporting would be deleted from his consumer credit files. However, a review of Midland Credit’s business records for the account do not show a record of a conversation occurring with [redacted] from the time the account was outsourced to [redacted] until August 22, 2014.
As [redacted] indicates, during the August 22, 2014 conversation he was informed of 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. 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.”
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]
January 12, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 2, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 30, 2006, as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 31, 2010. The balance at the time of purchase was $1,099.49.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on April 2, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 3, 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 30, 2010. The balance at the time of purchase was $1,067.38.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on May 28, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 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 credit card account was charged-off as an unpaid delinquent-debt on June 21, 2009. The balance at the time of purchase was $989.65.
[redacted] writes that Midland Credit has refused to provide evidence that he owes money and requests for validation documentation. Midland Credit sent separate and unique validation letters to [redacted] on April 27, 2012 for account nos. [redacted] and [redacted], and on June 6, 2010 for account no. [redacted]. In the letters, Midland Credit informed [redacted] that Midland Funding had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.
Midland Credit’s business records indicate that it received the first written correspondence from [redacted] on May 2, 2014 regarding the accounts. 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.” Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] separate and unique response letters on June 4, 2014 advising him Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
[redacted] also writes that writes that Midland Credit has re-aged the debts. While Midland Credit is sensitive to his concern, it 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 services based on the business records maintained by the original lender/seller. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on the accounts reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding.
Lastly, [redacted] indicates that the accounts are past their statute of limitations, and requests that Midland Credit remove its tradeline from his consumer credit files. A review of Midland Credit’s business records indicates that the statute of limitations expired on May 5, 2014 for account no. [redacted], on April 4, 2014 for account no. [redacted], and on December 23, 2012 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of the debts. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debts. It only prevents the accounts from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the accounts does not expire until May 2017 for account no. [redacted], April 2017 for account no. [redacted], and December 2015 for account no. [redacted].
Please note that based on the information provided by the sellers, Midland Credit has determined that its credit file and credit reporting of the above-referenced accounts is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the debts, he may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balances.
In the meantime, per his previous request, the accounts will remain marked “Direct Mail Only.” While they remain due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received February 25, 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 he 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]:
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Thank you for your letter inquiry dated September 24, 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 August 26, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 29, 2007 as a [redacted] line of credit 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 21, 2010. The balance at the time of purchase was $4,035.46.
[redacted] expresses a concern that the account had been settled with the original creditor and that Midland Credit has ignored those concerns. A review of Midland Credit’s business records indicates that it did receive correspondence from Mrs. Chavez which included a letter from the original creditor stating an account was settled in September 2010. The account number on the letter did not match the original account number provided by the seller to Midland Credit and so it was not accepted as supporting her claim at that time.
Upon further review, Midland Credit identified an additional account number associated with this debt. Based on this review, Midland Credit recognizes that the account was settled previously with the original creditor and should not have been sold to Midland Funding in 2011. 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 [redacted] consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[My credit reports state that Midland Funding is a factoring company this is in collection but your attached validating refutes this information (15 U.S.C. § 1681 et seq). This does not validate I owe you this debt. I'm requesting for proof that I am indeed the party you are asking to pay this debt and there is some contractual obligation which is binding me to pay this debt. I'm looking for proof that the debt is mine and will require a copy of the original contract under which the credit account was obtained, as well as monthly statements since the debt was purchased itemized with the interest, payments, credits, fees, and/or permissible charges.
If Midland Funding has failed to provide proof, per Federal Law (The Fair Debt Collections Practices Act, Section 805) I formally request that Midland Funding CEASE and DESIST ALL efforts to collect on account [redacted] and debt. I request to have this account deleted from my credit reports and the inquiry that resulted from their HARD pull deleted. I also request that they be denied all further access to my credit report. I will also be filing a separate report with the FTC. ]
Regards,
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated September 5, 2014,
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
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 December 28, 2012.
Information provided by the seller, [redacted] at the
time of acquisition indicates this account was originated on August 29, 2010 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 April 8, 2012. The charge-off balance was $1,974.27.
Additional seller fees of $468.57 resulted in a balance at the time of purchase
by Midland Funding of $2,442.84.
[redacted] expresses a concern that her
validation requests have been ignored. On January 12, 2013, Midland
Credit mailed [redacted] a validation letter, which informed her that Midland
Funding had acquired the account, and of her rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to [redacted] 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, 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.
A review of Midland Credit’s business records
indicates that it received notification from the credit reporting agencies on
October 16, 2013, notifying it of a possible dispute. In response, on October
18, 2013, Midland Credit mailed a copy of the verification information provided
by the seller to [redacted]. Another copy
of the verification information provided by the seller is enclosed.
Lastly, [redacted] expresses a concern that
Midland Credit has re-aged the account by listing an open date that is later
than the original. 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 services based on the business records maintained by the original lender/seller.
As referenced above, the open date listed on [redacted]’s credit report is in
fact the date of purchase by Midland Funding. In accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date 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.”
If [redacted] is ready to settle
the above-referenced debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist her in reaching a resolution that will settle 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]
Enclosure
Dear [redacted]
Roman">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 21, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 8, 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 December 10, 2009. The balance at the time of purchase was $363.97.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees, stating that he was treated rudely and that representatives refused to assist him. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Midland Credit has investigated [redacted]’s concerns 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 law.
[redacted] contacted Midland Credit on April 13, 2015, and requested a non-recorded line. A review of Midland Credit’s business records indicates that he was advised of the credit reporting status of the account and that Midland Credit does not report account as “120 days late.” [redacted] requested that he speak with a different representative who could answer his questions further, and was transferred to another representative, who also advised that Midland Credit does not report accounts as “120 days late.”
[redacted] contacted Midland Credit again on April 17, 2015, and discussed the account with a Midland Credit representative. An authorized representative for [redacted] was also on the call. He was again advised that Midland Credit does not report accounts as “120 days late,” and that Midland Credit could not provide a letter stating that the account was being incorrectly reported as such. Based on the information available to it, Midland Credit must respectfully conclude that [redacted] was treated respectfully, and appropriately advised about his account.
As noted above, although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 days past due” to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account to the three major credit reporting agencies.
Midland Credit received [redacted]’s correspondence requesting validation on February 6, 2015. Although the request was not timely, verification information provided by the seller was mailed to [redacted] in response to his dispute on or about February 11, 2015. A copy of the verification information provided by the seller is enclosed. If [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balance.
Should [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
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
October 17, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 16, 2003, as a [redacted] account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 22, 2011. The balance at the time of purchase was $2,382.04. Final payment on the account was received by Midland Credit on February 28, 2013. [redacted] has no further financial obligation for this account.
[redacted] states that after she paid the account, the collection tradeline was removed from her credit report and was reinstated in June 2016. Midland Credit acted in a timely manner and has complied with all applicable laws. Upon resolution of the account balance, Midland Credit appropriately notified the credit reporting agencies to reflect the paid status of the debt. No further updates were made to the information being furnished to the credit reporting agencies after the last update sent in June of 2013 to again reflect the account was paid. Please note, Midland Credit has no control over the manner in which each credit reporting agency decides to display information that was furnished.
With that said, Midland Credit recently updated its credit reporting policy to remove paid tradelines after two years from the date of delinquency. As such, the three credit-reporting agencies were notified to remove reference of this account from [redacted] consumer credit files on or about October 8, 2016.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
April 12, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 29, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated March 1, 2016. [redacted] continues to request a copy of her signature. As indicated in Midland Credit’s previous responses, 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.
[redacted] also expresses a concern that Midland Credit is now sending mail to her parent’s address. However, [redacted] did not provide the address belonging to her parents. Additionally, the last letter mailed to [redacted], was sent to the address listed on the first complaint received through your office. If [redacted] would like to confirm that her parent’s address is no longer associated with the above-referenced account, she may contact Midland Credit’s Consumer Support Services team at[redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
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Thank you for your letter inquiry dated September 16, 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 is the servicer of an account belonging to another consumer with the same last name as [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.
Midland Credit had no information that it was sending correspondence to a wrong address for the consumer until receipt of the complaint through your office. [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. Any and all correspondence she has received from Midland Credit for the referenced account can be disregarded.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
class="MsoNormal">
Thank you for your letter inquiry dated 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 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]
November 5, 2014
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 Ms. [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry dated October 22, 2014, regarding Mrs. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted]s, LLC, at the time of acquisition indicates this account was originated on September 4, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 9, 2008. The balance at the time of purchase was $638.35.
?
Ms. [redacted] expresses a concern that she has been a victim of fraud. On October 4, 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 mailed to Mrs. [redacted] via the United States Postal Service, and was not returned as “undeliverable,” 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 Mrs. [redacted] in response to the letter. 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 Mrs. [redacted] and collect the debt.
?
A review of Midland Credit’s business records indicates that it received the first correspondence from Mrs. [redacted] claiming she was a victim of fraud on September 22, 2014. However, the correspondence did not contain sufficient evidence for Midland Credit to accept as proof of fraud.
?
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from Mrs. [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 Mrs. [redacted].
?
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
?
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The response supplied by Midland Credit Management, concerning
my complaints against Midland Credit Management appears to be a
computer-generated form letter offering little more than an amount and a date
concerning the alleged debt. I do not understand how this company can claim to
be collecting a legitimate debt when they cannot provide any evidence to
support the claims that a) this debt is a legitimate debt, b) proof that
Midland Credit Management has permission to collect this debt, c) they have
provided previous verification of this debt), and d) that Midland currently
possesses any documents of this debt.
Since this company has failed to provide any evidence of the
claims made in their response, I am led to believe that Midland Credit
Management doesn’t possess adequate documentation to collect this alleged debt.
In order to provide proof that a) this debt is legitimate, and b) they have the
right to collect this debt, I am requiring the following documentation as
proof:
1. The original contract including my signature
2. All monthly statements from this account from the day it was
opened with the original creditor until it was assigned with Midland Credit
Management
3. Contract between [redacted] and Midland Credit
Management for this account, granting them ownership of this account
4. The monetary amount for which Midland purchased this account
from [redacted].
5. Day-by-day breakdown of the charges, Interest, and fees that
Midland Credit Management has added to the account since it purchased the
account.
6. Contract between [redacted] and Midland Credit
Management that provides Midland with the ability to collect on this account.
Until the documentation requested in this letter is provided, I
can only assume that this debt does not exist and a clerical error has
occurred. In addition, until this documentation can be provided, I want this
account removed from all three (3) credit reports immediately. Thank you for your help in resolving this matter.
Regards,
[redacted]