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.
Although Midland
Funding has provided responses to my requests for validation dated August 25,
2015, and September 20, 2015, the responses were incomplete and did not constitute
a validation of the alleged debt. In
both replies Midland claimed that they were unable to determine the nature of
my request and stated that their records were accurate. Please note that Midland’s inability and/or refusal
to provide to me with factual documentation such as a copy of the original written
agreement between myself and the alleged creditor entities, [redacted] leads me to believe that I
am not responsible for this debt. I
have specifically requested that Midland provide me with the following
information and documentation:
·
What the money Midland says I owe is for;
·
Explain and show me how Midland calculated what they
say I owe;
·
Provide me with copies of any papers that show I
agreed to pay what they say I owe;
·
Provide a verification or copy of any judgment
if applicable;
·
Identify the original creditor;
·
Prove the Statute of Limitations has not expired
on this account;
·
Show me that Midland is licensed to collect in
my state; and
·
Provide me with their license numbers and
Registered Agent.
Therefore, until Midland can validate this debt, any continued
collections efforts will violate the Fair Debt Collection Practices Act and I
will not hesitate to take legal action against them. Furthermore, if Midland funding is unable to
provide myself, the Revdex.com, CFPB, and the [redacted] Attorney General’s office with
documentation to validate the debt, I demand that Midland immediately update
and remove all inaccurate collection listings from my credit report. Failure to update this information to the
main credit repository agencies will result in legal action.
Regards,
[redacted]
Thank
you for your follow-up
letter inquiry dated February 24, 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 February 17, 2014. In his follow-up to Midland Credit’s previous
response, [redacted] reiterates his assertion that the account does not
belong to him and provides additional commentary regarding his claims.
After
taking [redacted]’s additional information into account, in keeping with its
Consumer-First policy, and its policy to react affirmatively to consumer
issues, Midland Credit has made the business decision to close the
account. There will be no further
collection activity or sale of this account.
Additionally, a review of Midland Credit’s business records indicates
the above-referenced account was removed from [redacted]’s consumer credit
files in September 2013. If [redacted] is still seeing this account being reported by Midland Funding, LLC, please
have him call our 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 our Consumer
Support Services team should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear...
below.Hi [redacted]
I read the review it said they needed more information Midland Funding LLC account # is [redacted] thats what I got for my credit report if you can send that over to them the amount owe is $1,762 and it stated that its open on my [redacted] credit report. Which I want to be taken off.
Regards,
[redacted]
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 September 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted]'s complaint indicates that she has consulted with an attorney. Going forward, all communication about the matter should be handled by her attorney. Please note that Midland Credit has not received any notification that she has retained an attorney, and respectfully requests that she provide the documentation showing that an attorney has been retained so that Midland Credit may update the account accordingly with her attorney's information. If [redacted] has not retained an attorney, Midland Credit respectfully requests that she provide it with written notice so that it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 27, 2007 as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April, 7, 2009. The balance at the time of purchase was $1,076.27.
[redacted] expresses a concern that her validation requests have been ignored. On January 2, 2010, 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”). 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. 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 July 18, 2014 of a possible dispute. Although the request was not timely, verification information provided by the seller was mailed on August 13, 2014 to [redacted] in response to her dispute. Another copy of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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
January 20, 2015
0in 0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on January 6, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number and address were 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.
A review of business records indicates that no calls have been made by Midland Credit to [redacted] [redacted], since March 14, 2013. The phone number was marked “Do Not Call” in Midland Credit’s computer system for the referenced account at that time. [redacted] address has now been marked “Do Not Mail.” He will no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, his phone number has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
[redacted]
Revdex.com of San Diego
0in 0in 0pt;" class="MsoNormal">5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 23, 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. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the account.
A review of Midland Credit’s business records indicates that [redacted] phone number was marked “Do Not Call” in Midland Credit’s computer system for the referenced account on September 8, 2014 and the changes to its system took effect that same day. [redacted] phone number has not been dialed since September 8, 2014. She will continue not receiving calls from Midland Credit representatives regarding the account. Additionally, [redacted] telephone number [redacted] has been added to an exclusion list to prevent it from being called in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated April 7, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant account information in its previous letter response to your office dated February 14, 2014. In her latest follow-up, [redacted] writes that Midland Credit reported on her consumer credit files prior to providing her with verification documentation. Please note that a review of Midland Credit’s business records indicates that it was accurately reporting the account on her consumer credit files. [redacted] request for validation was untimely as it was received after the 30 day period defined by applicable law. While it was not obligated to do so, Midland Credit subsequently provided a copy the verification information provided by the seller to [redacted] on March 7, 2014.
Again, 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).
Aside from the above, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies. In [redacted] case, Midland Credit holds several licenses with the [redacted] Department of Insurance (“NCDOI”), including License #3777. Please have [redacted] contact the NCDOI for more information regarding licensing requirements.
[redacted] also questions the relationship between [redacted], [redacted] and [redacted], asserting that Midland Credit may have altered account information. Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, or the date of occurrence. The verification information was provided by the seller for the above-referenced account.
Lastly, [redacted]’s complaint also indicates she submitted payment to the original creditor on March 8, 2014. Please note that Midland Credit became the servicer of the account on March 26, 2013. The account was purchased from the seller with all rights. All payments after that date should have been made directly to Midland Credit. If a payment is made to the original creditor, it will be forwarded to Midland Credit, however that process may take up to 180 days.
Until the payment is forwarded from the original creditor, the account remains due and owing. With that said, Midland Credit investigated the payment with the seller, and on April 7, 2014, was notified that a payment was received. As stated, the payment will be forwarded to Midland Credit.
In keeping with its Consumer-First policy, Midland Credit has decided to suspend reporting [redacted]’s account to the credit reporting agencies until it receives the payment from the original creditor. Once payment is received, Midland Credit will update [redacted]’s account to reflect “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 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]
Thank you for your letter inquiry dated August 8, 2014,
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
A
review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Going forward, all
communication about the matter should be handled by her attorney. If Ms. [redacted] is no longer represented by an attorney, please
have her provide Midland Credit with written notice so it may update its
records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit
became the servicer of the above-referenced account on behalf of purchaser,
Midland Funding LLC (“Midland Funding”), on March 26, 2012. Information provided by the seller, [redacted]
PCS Holdings LLC, at the time of acquisition indicates this account was
originated on September 8, 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 June 20, 2011.
Ms.
[redacted] expresses concern that the account was resolved directly with [redacted]. On April 2,
2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her
that Midland Funding had acquired the account, and of her rights pursuant to
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letter was mailed to Ms. [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 received the first written correspondence
disputing the balance from Ms. [redacted] on July 29, 2014. The
correspondence included a copy of a canceled check paid by Ms. [redacted] to
[redacted] dated June 5, 2014. As a
result, Midland Credit made the business decision to close the account while
awaiting receipt of such funds from [redacted].
A letter advising Ms. [redacted] that the above-referenced account had been
closed was mailed on August 4, 2014, and Midland Credit has made no further
collection attempts since.
Ms.
[redacted] has no further obligation on the account. There will continue
to be no further collection activity, credit reporting or sale of this
account. In addition, the three
credit-reporting agencies have been notified to delete all reference to the
account in question from Ms. [redacted]’s consumer credit files.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
April 29, 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 April 15, 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 April 14, 2016. In the previous response Midland Credit stated that it had acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Midland Credit has since obtained verification information from the seller. A copy of the verification information is enclosed.
[redacted] expresses a concern that Midland Credit is irresponsibly furnishing information to the credit reporting agencies. Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Please note that during this investigation period, Midland Credit had notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’s consumer credit files, and it has made the business decision not to request the tradeline be reinstated.
A review of Midland Credit’s business records indicates that [redacted] called and spoke with a Midland Credit representative on April 27, 2016. During the conversation [redacted] advised she would like to resolve the debt. On April 28, 2016, [redacted] made payment to resolve the balance for the account. Midland Credit has updated its file to reflect a paid status on the above-referenced account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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
Roman">Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM#’s [redacted], [redacted], [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 17, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“CFPB”). Copies of Midland Credit’s responses to the CFPB are enclosed. An investigation of this matter indicates that Midland Credit is the servicer of four accounts belonging to Ms. [redacted] which are referenced in her complaint.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated with [redacted] on April 19, 2006, and was subsequently converted to 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 $2,502.48.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated with [redacted] on May 26, 2007, and was subsequently converted to 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 $6,911.06.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated with [redacted] on February 27, 2008, and was subsequently converted to 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 $3,652.62.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 13, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 13, 2010. The balance at the time of purchase was $1,454.28.
[redacted] states that Midland Credit is providing inaccurate information to the credit reporting agencies and is attempting to represent itself as a creditor on her consumer credit files. A review of Midland Credit’s business records indicates that it is using the appropriate Metro 2 code to report itself as a “Debt Buyer” to the three major credit reporting agencies.
If [redacted] obtained her credit report from a compilation source, the information being furnished 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 is accurately furnishing information for the all of above-referenced accounts to the three major credit reporting agencies.
Additionally, Midland Credit has followed up directly with [redacted] to verify how the information being reported is reflecting on [redacted] credit report. Information provided by [redacted] indicates that the tradelines are accurately reporting as collection accounts and the original creditor for each account is listed appropriately. Midland Funding is appearing as a debt buyer. This notation appears in the subscriber information under type as D/B.
If [redacted] is ready to resolve the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution of your her balances.
In the meantime, per her previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
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.
medium;">Thank you for your letter inquiry
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 24, 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 December 22, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on August 22, 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 May 31, 2009. The balance at the time of purchase was $9,123.17.
[redacted] states that he does not have an installment agreement with Midland
Credit. Consumers are often unclear as
to what the term “charge off” means for a debt.
When a creditor "charges off" an account, it means that the
creditor no longer believes the consumer will pay the bill and has written the
debt off of its books. Often, they then
sell the debt to a collection agency.
Please note that the underlying promissory obligation remains valid, due
and owing. Just as the original creditor
had the right to legally seek repayment of the promissory obligation, the new
third-party purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
[redacted] also expresses concern that the above-referenced account is reporting as
“120 days past due” on his consumer credit files. Although Midland Credit submits updates to
the reporting agencies each month, Midland Credit does not report accounts as
“120 days past due.” Depending on the
current condition of a given account, Midland Credit will report that account
as either “Account assigned to internal
or external collections,” “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.
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
In addition, if [redacted] obtained his credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
If
[redacted] is ready to resolve the above-referenced debt, [redacted] may qualify
for a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both
beneficial to him, as well as resolve the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
December 23, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 9, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated November 19, 2015.
[redacted] expresses a concern that she has not received competent evidence to validate the debt and requests that all inaccurate listings be removed from her credit report. As stated in its previous two responses, Midland Credit previously acknowledged [redacted] dispute, annotated the account as disputed, and had ceased collection efforts while it was in the process of verifying the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection 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]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated June 30, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
That being said, an investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on May 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 4, 2004 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 29, 2009. The balance at the time of purchase was $334.94.
[redacted] expresses a concern that her validation requests have been ignored. On June 16, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
While her request is untimely, a copy of the verification information provided by the seller is enclosed for [redacted]’s records. A review of Midland Credit’s business records indicates that it is accurately reporting the account to the credit reporting agencies.
Aside from the above, as described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees, stating the representative would not provide her with information until a letter of non-attorney representation was received. [redacted] also states that she felt threatened by the tone the representative used. Please note that the alleged conduct described by [redacted] has been investigated, and it has been determined that the Midland Credit representative acted appropriately. A review of call records indicates that the Midland Credit representative maintained an even and professional tone, in line with Midland Credit’s policies and procedures.
Additionally, because [redacted] began the conversation by indicating that she retained legal representation to move forward with a suit against Midland Credit, pursuant to applicable law, the representative marked the account appropriately. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
In the meantime, pursuant to [redacted]’s allegations of harassment, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I'm not satisfied with this response. I'm not denying or accepting any debt. This is in regards to Commercial Dispute under the Uniform Commercial Code. There is an Alleged Debt being claimed against me publicly and im seeking ALL remedies to cure my GOOD name. I did not give Midland Credit mgmt any permission or not do I have an written agreement with them in regards to the Alleged debt that is being publicly declared against me by Midland Mgmt. They took up themselves to acquire this Alleged debt they claim I owe without any consent from me at all. Also, I did respond to Midland's letter that was sent to me 9/5/15 . This was done with a LEGAL & recorded phone call. I called Midland on 9/15/15 at 6:23pm. Midland's Rep agreed that I can record conversation. I've saved it for quality & assurances purposes. These so called facts Midlaland presenting is just another form of extortion without providing ANY proof I personally owe them any Debt.
Please advise.
Regards,
[redacted]
Thank you for your follow-up
letter
inquiry dated February 24, 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.
In
his follow-up, Mr. Ingham states his caller-ID log more accurately reflects
Midland Credit’s call times than Midland Credit’s internal records. Please note that Midland Credit’s position
has not changed. Again, its business
records indicate that [redacted]’s number ([redacted]) has been dialed a
total of 7 times, all taking place in November 2011.
If
[redacted] is receiving calls at a number different than the one provided
above, please have him contact our Consumer Support Services team at [redacted] to provide that number. Additionally,
if [redacted] wishes to provide Midland Credit with a copy of his call records,
Midland Credit can review the records and verify if the call originated from
Midland Credit. However, please note
that if [redacted] chooses to obtain the records, he does so at his own
cost. Midland Credit respectfully declines
to be responsible for the costs incurred in obtaining the call records.
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.My consumer rights, as required by themail fcra, prohibit re-aging of an account. The fcra requires that an account original debt reported by a collection agency must be 180 days after first delinquency, not the date the collection agency aquired the account. To list any other date than the one required is considered re-aging, 623 (a)(5). The account was closed by bank of America on 2/2/9, as a credit card account thereally would be 180 days delinquent before closing so 2/2/9 becomes the date midland could report. Midland is reporting the date as 2/25/11. This is blatant and irresponsible credit reporting, violating fcra guidelines and my consumer rights. Midland is subject to a 1000 dollar fine I will pursue for this violation. This account should be removed from my equifax credit report or I will pursue further action on my behalf against midland. Thank you and have a great week. Please notemail midland has admitted to re-aging while claiming they do not. I have attached supporting documentation.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated April 11, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 20, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 27, 2008. The balance at the time of purchase was $6,357.01.
[redacted] expresses concern that Midland Credit has continued to attempt to collect the above-referenced debt, even though he has provided proof of hardship. A review of Midland Credit’s business records indicates that on February 24, 2014, Midland Credit received correspondence from [redacted] indicating that he has experienced medical hardship. After reviewing [redacted]’ correspondence, on February 26, 2014, pursuant to Article 3 of its Consumer Bill of Rights, Midland Credit suspended collection activity and marked the account “Cease and Desist.” While the debt remains valid, and Midland Credit will continue to accurately report the account, [redacted] has not received correspondence or calls from Midland Credit representatives regarding the above-referenced account since that time. [redacted] will continue to not receive contact from Midland Credit representatives regarding the above-referenced account unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
justify;" class="MsoBodyText3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
November 18, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
two accounts belonging to [redacted]
Midland Credit became the servicer of account no. [redacted], on behalf
of purchaser, Midland Funding, LLC (“Midland Funding”), on September 20,
2011. Information provided by the
seller, [redacted] at the time of acquisition indicates this account
was originated on June 26, 2008 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, 2010. The balance at the
time of purchase was $6,462.31.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, on October 27, 2011.
Information provided by the seller, [redacted] at the time of
acquisition indicates this account was originated on January 10, 2008 as a
[redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on March 31, 2010.
The balance at the time of purchase was $3,088.32.
[redacted] expresses a concern that she has not been provided documentation regarding
money that is owed. Midland Credit
mailed [redacted] separate and unique validation letters – on October 31, 2011,
for account no. [redacted], and on December 6, 2011, for account no. [redacted].
These letters informed her that Midland Funding had acquired the accounts, and
of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §
1692 et seq. (“FDCPA”). Please note that the letters
were mailed to [redacted] at the same address listed within her complaint, and
were not returned as “undeliverable” by the United States Postal Service,
satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debts or requesting validation from [redacted] in response to
the letters. A review of Midland Credit’s business records indicates that
it began receiving notices of possible dispute from the credit reporting
agencies in January 2013 for both accounts. Please note Midland Credit
appropriately responded to the notices of possible dispute with letters
requesting further information regarding the basis of her dispute, as well as sending
verification information provided by the seller.
On
November 11, 2015, verification information was once again mailed to [redacted] regarding both accounts in response to email correspondence received
November 5, 2015 from her. Another copy
of the documentation, for both accounts, is enclosed for [redacted] records. Additionally, a review of Midland Credit’s
business records indicates that the account information it is furnishing to the
three major credit reporting agencies is accurate.
[redacted] states she has sent documentation numerous times regarding her claims
the account was settled in 2009. However,
a review of Midland Credit’s business records indicates it has not received
such documentation. Midland Credit
stands ready to assist [redacted] in clearing her record if Midland Credit is
somehow attempting to collect an account which was resolved prior to Midland
Credit becoming the servicer, and requests that she provide documentation or
evidence which substantiates Ms[redacted] claim. [redacted] can contact Midland Credit online
at [redacted] where she can email
questions to a Consumer Support Services (CSS) specialist, find the answers to
frequently asked questions, and upload documents to support her request.
Uploaded documents are automatically sent to a CSS specialist, who will
investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate
documentation to CSS using the contact information on this letterhead.
Per
[redacted] concerns that she has been harassed for two years, the
above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted]
will no longer receive correspondence or calls from Midland Credit
representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
They ignored my cease all contact request just like they did your original message to them. After a friendly reminder, viola....they responded.
This is an unorganized company that has a history of not following the FDCPA which is why they've been sued by the federal government. They were fined $500,000 just 14 months ago by the state of [redacted] for the same ridiculous behavior. It seems they're up to their old ways. I will contact my states attorney general, Please mark their file accordingly.
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.
Although Midland
Funding has provided responses to my requests for validation dated August 25,
2015, and September 20, 2015, the responses were incomplete and did not constitute
a validation of the alleged debt. In
both replies Midland claimed that they were unable to determine the nature of
my request and stated that their records were accurate. Please note that Midland’s inability and/or refusal
to provide to me with factual documentation such as a copy of the original written
agreement between myself and the alleged creditor entities, [redacted] leads me to believe that I
am not responsible for this debt. I
have specifically requested that Midland provide me with the following
information and documentation:
·
What the money Midland says I owe is for;
·
Explain and show me how Midland calculated what they
say I owe;
·
Provide me with copies of any papers that show I
agreed to pay what they say I owe;
·
Provide a verification or copy of any judgment
if applicable;
·
Identify the original creditor;
·
Prove the Statute of Limitations has not expired
on this account;
·
Show me that Midland is licensed to collect in
my state; and
·
Provide me with their license numbers and
Registered Agent.
Therefore, until Midland can validate this debt, any continued
collections efforts will violate the Fair Debt Collection Practices Act and I
will not hesitate to take legal action against them. Furthermore, if Midland funding is unable to
provide myself, the Revdex.com, CFPB, and the [redacted] Attorney General’s office with
documentation to validate the debt, I demand that Midland immediately update
and remove all inaccurate collection listings from my credit report. Failure to update this information to the
main credit repository agencies will result in legal action.
Regards,
[redacted]
Dear
[redacted]:
Thank
you for your follow-up
letter inquiry dated February 24, 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 February 17, 2014. In his follow-up to Midland Credit’s previous
response, [redacted] reiterates his assertion that the account does not
belong to him and provides additional commentary regarding his claims.
After
taking [redacted]’s additional information into account, in keeping with its
Consumer-First policy, and its policy to react affirmatively to consumer
issues, Midland Credit has made the business decision to close the
account. There will be no further
collection activity or sale of this account.
Additionally, a review of Midland Credit’s business records indicates
the above-referenced account was removed from [redacted]’s consumer credit
files in September 2013. If [redacted] is still seeing this account being reported by Midland Funding, LLC, please
have him call our 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 our Consumer
Support Services team should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear...
below.Hi [redacted]
I read the review it said they needed more information Midland Funding LLC account # is [redacted] thats what I got for my credit report if you can send that over to them the amount owe is $1,762 and it stated that its open on my [redacted] credit report. Which I want to be taken off.
Regards,
[redacted]
October 13, 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 September 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted]'s complaint indicates that she has consulted with an attorney. Going forward, all communication about the matter should be handled by her attorney. Please note that Midland Credit has not received any notification that she has retained an attorney, and respectfully requests that she provide the documentation showing that an attorney has been retained so that Midland Credit may update the account accordingly with her attorney's information. If [redacted] has not retained an attorney, Midland Credit respectfully requests that she provide it with written notice so that it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 27, 2007 as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April, 7, 2009. The balance at the time of purchase was $1,076.27.
[redacted] expresses a concern that her validation requests have been ignored. On January 2, 2010, 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”). 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. 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 July 18, 2014 of a possible dispute. Although the request was not timely, verification information provided by the seller was mailed on August 13, 2014 to [redacted] in response to her dispute. Another copy of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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
January 20, 2015
0in 0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on January 6, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number and address were 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.
A review of business records indicates that no calls have been made by Midland Credit to [redacted] [redacted], since March 14, 2013. The phone number was marked “Do Not Call” in Midland Credit’s computer system for the referenced account at that time. [redacted] address has now been marked “Do Not Mail.” He will no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, his phone number has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
[redacted]
Revdex.com of San Diego
0in 0in 0pt;" class="MsoNormal">5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 23, 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. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the account.
A review of Midland Credit’s business records indicates that [redacted] phone number was marked “Do Not Call” in Midland Credit’s computer system for the referenced account on September 8, 2014 and the changes to its system took effect that same day. [redacted] phone number has not been dialed since September 8, 2014. She will continue not receiving calls from Midland Credit representatives regarding the account. Additionally, [redacted] telephone number [redacted] has been added to an exclusion list to prevent it from being called in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated April 7, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant account information in its previous letter response to your office dated February 14, 2014. In her latest follow-up, [redacted] writes that Midland Credit reported on her consumer credit files prior to providing her with verification documentation. Please note that a review of Midland Credit’s business records indicates that it was accurately reporting the account on her consumer credit files. [redacted] request for validation was untimely as it was received after the 30 day period defined by applicable law. While it was not obligated to do so, Midland Credit subsequently provided a copy the verification information provided by the seller to [redacted] on March 7, 2014.
Again, 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).
Aside from the above, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies. In [redacted] case, Midland Credit holds several licenses with the [redacted] Department of Insurance (“NCDOI”), including License #3777. Please have [redacted] contact the NCDOI for more information regarding licensing requirements.
[redacted] also questions the relationship between [redacted], [redacted] and [redacted], asserting that Midland Credit may have altered account information. Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, or the date of occurrence. The verification information was provided by the seller for the above-referenced account.
Lastly, [redacted]’s complaint also indicates she submitted payment to the original creditor on March 8, 2014. Please note that Midland Credit became the servicer of the account on March 26, 2013. The account was purchased from the seller with all rights. All payments after that date should have been made directly to Midland Credit. If a payment is made to the original creditor, it will be forwarded to Midland Credit, however that process may take up to 180 days.
Until the payment is forwarded from the original creditor, the account remains due and owing. With that said, Midland Credit investigated the payment with the seller, and on April 7, 2014, was notified that a payment was received. As stated, the payment will be forwarded to Midland Credit.
In keeping with its Consumer-First policy, Midland Credit has decided to suspend reporting [redacted]’s account to the credit reporting agencies until it receives the payment from the original creditor. Once payment is received, Midland Credit will update [redacted]’s account to reflect “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 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]
Thank you for your letter inquiry dated August 8, 2014,
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
A
review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Going forward, all
communication about the matter should be handled by her attorney. If Ms. [redacted] is no longer represented by an attorney, please
have her provide Midland Credit with written notice so it may update its
records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit
became the servicer of the above-referenced account on behalf of purchaser,
Midland Funding LLC (“Midland Funding”), on March 26, 2012. Information provided by the seller, [redacted]
PCS Holdings LLC, at the time of acquisition indicates this account was
originated on September 8, 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 June 20, 2011.
Ms.
[redacted] expresses concern that the account was resolved directly with [redacted]. On April 2,
2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her
that Midland Funding had acquired the account, and of her rights pursuant to
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letter was mailed to Ms. [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 received the first written correspondence
disputing the balance from Ms. [redacted] on July 29, 2014. The
correspondence included a copy of a canceled check paid by Ms. [redacted] to
[redacted] dated June 5, 2014. As a
result, Midland Credit made the business decision to close the account while
awaiting receipt of such funds from [redacted].
A letter advising Ms. [redacted] that the above-referenced account had been
closed was mailed on August 4, 2014, and Midland Credit has made no further
collection attempts since.
Ms.
[redacted] has no further obligation on the account. There will continue
to be no further collection activity, credit reporting or sale of this
account. In addition, the three
credit-reporting agencies have been notified to delete all reference to the
account in question from Ms. [redacted]’s consumer credit files.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
April 29, 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 April 15, 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 April 14, 2016. In the previous response Midland Credit stated that it had acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Midland Credit has since obtained verification information from the seller. A copy of the verification information is enclosed.
[redacted] expresses a concern that Midland Credit is irresponsibly furnishing information to the credit reporting agencies. Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Please note that during this investigation period, Midland Credit had notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’s consumer credit files, and it has made the business decision not to request the tradeline be reinstated.
A review of Midland Credit’s business records indicates that [redacted] called and spoke with a Midland Credit representative on April 27, 2016. During the conversation [redacted] advised she would like to resolve the debt. On April 28, 2016, [redacted] made payment to resolve the balance for the account. Midland Credit has updated its file to reflect a paid status on the above-referenced account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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
Roman">Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM#’s [redacted], [redacted], [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 17, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“CFPB”). Copies of Midland Credit’s responses to the CFPB are enclosed. An investigation of this matter indicates that Midland Credit is the servicer of four accounts belonging to Ms. [redacted] which are referenced in her complaint.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated with [redacted] on April 19, 2006, and was subsequently converted to 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 $2,502.48.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated with [redacted] on May 26, 2007, and was subsequently converted to 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 $6,911.06.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated with [redacted] on February 27, 2008, and was subsequently converted to 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 $3,652.62.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 13, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 13, 2010. The balance at the time of purchase was $1,454.28.
[redacted] states that Midland Credit is providing inaccurate information to the credit reporting agencies and is attempting to represent itself as a creditor on her consumer credit files. A review of Midland Credit’s business records indicates that it is using the appropriate Metro 2 code to report itself as a “Debt Buyer” to the three major credit reporting agencies.
If [redacted] obtained her credit report from a compilation source, the information being furnished 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 is accurately furnishing information for the all of above-referenced accounts to the three major credit reporting agencies.
Additionally, Midland Credit has followed up directly with [redacted] to verify how the information being reported is reflecting on [redacted] credit report. Information provided by [redacted] indicates that the tradelines are accurately reporting as collection accounts and the original creditor for each account is listed appropriately. Midland Funding is appearing as a debt buyer. This notation appears in the subscriber information under type as D/B.
If [redacted] is ready to resolve the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution of your her balances.
In the meantime, per her previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
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]
Dear [redacted]
medium;">Thank you for your letter inquiry
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 24, 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 December 22, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on August 22, 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 May 31, 2009. The balance at the time of purchase was $9,123.17.
[redacted] states that he does not have an installment agreement with Midland
Credit. Consumers are often unclear as
to what the term “charge off” means for a debt.
When a creditor "charges off" an account, it means that the
creditor no longer believes the consumer will pay the bill and has written the
debt off of its books. Often, they then
sell the debt to a collection agency.
Please note that the underlying promissory obligation remains valid, due
and owing. Just as the original creditor
had the right to legally seek repayment of the promissory obligation, the new
third-party purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
[redacted] also expresses concern that the above-referenced account is reporting as
“120 days past due” on his consumer credit files. Although Midland Credit submits updates to
the reporting agencies each month, Midland Credit does not report accounts as
“120 days past due.” Depending on the
current condition of a given account, Midland Credit will report that account
as either “Account assigned to internal
or external collections,” “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.
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
In addition, if [redacted] obtained his credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
If
[redacted] is ready to resolve the above-referenced debt, [redacted] may qualify
for a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both
beneficial to him, as well as resolve the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
December 23, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 9, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated November 19, 2015.
[redacted] expresses a concern that she has not received competent evidence to validate the debt and requests that all inaccurate listings be removed from her credit report. As stated in its previous two responses, Midland Credit previously acknowledged [redacted] dispute, annotated the account as disputed, and had ceased collection efforts while it was in the process of verifying the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection 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]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated June 30, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
That being said, an investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on May 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 4, 2004 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 29, 2009. The balance at the time of purchase was $334.94.
[redacted] expresses a concern that her validation requests have been ignored. On June 16, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
While her request is untimely, a copy of the verification information provided by the seller is enclosed for [redacted]’s records. A review of Midland Credit’s business records indicates that it is accurately reporting the account to the credit reporting agencies.
Aside from the above, as described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees, stating the representative would not provide her with information until a letter of non-attorney representation was received. [redacted] also states that she felt threatened by the tone the representative used. Please note that the alleged conduct described by [redacted] has been investigated, and it has been determined that the Midland Credit representative acted appropriately. A review of call records indicates that the Midland Credit representative maintained an even and professional tone, in line with Midland Credit’s policies and procedures.
Additionally, because [redacted] began the conversation by indicating that she retained legal representation to move forward with a suit against Midland Credit, pursuant to applicable law, the representative marked the account appropriately. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
In the meantime, pursuant to [redacted]’s allegations of harassment, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I'm not satisfied with this response. I'm not denying or accepting any debt. This is in regards to Commercial Dispute under the Uniform Commercial Code. There is an Alleged Debt being claimed against me publicly and im seeking ALL remedies to cure my GOOD name. I did not give Midland Credit mgmt any permission or not do I have an written agreement with them in regards to the Alleged debt that is being publicly declared against me by Midland Mgmt. They took up themselves to acquire this Alleged debt they claim I owe without any consent from me at all. Also, I did respond to Midland's letter that was sent to me 9/5/15 . This was done with a LEGAL & recorded phone call. I called Midland on 9/15/15 at 6:23pm. Midland's Rep agreed that I can record conversation. I've saved it for quality & assurances purposes. These so called facts Midlaland presenting is just another form of extortion without providing ANY proof I personally owe them any Debt.
Please advise.
Regards,
[redacted]
Dear [redacted]:
Thank you for your follow-up
letter
inquiry dated February 24, 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.
In
his follow-up, Mr. Ingham states his caller-ID log more accurately reflects
Midland Credit’s call times than Midland Credit’s internal records. Please note that Midland Credit’s position
has not changed. Again, its business
records indicate that [redacted]’s number ([redacted]) has been dialed a
total of 7 times, all taking place in November 2011.
If
[redacted] is receiving calls at a number different than the one provided
above, please have him contact our Consumer Support Services team at [redacted] to provide that number. Additionally,
if [redacted] wishes to provide Midland Credit with a copy of his call records,
Midland Credit can review the records and verify if the call originated from
Midland Credit. However, please note
that if [redacted] chooses to obtain the records, he does so at his own
cost. Midland Credit respectfully declines
to be responsible for the costs incurred in obtaining the call records.
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.My consumer rights, as required by themail fcra, prohibit re-aging of an account. The fcra requires that an account original debt reported by a collection agency must be 180 days after first delinquency, not the date the collection agency aquired the account. To list any other date than the one required is considered re-aging, 623 (a)(5). The account was closed by bank of America on 2/2/9, as a credit card account thereally would be 180 days delinquent before closing so 2/2/9 becomes the date midland could report. Midland is reporting the date as 2/25/11. This is blatant and irresponsible credit reporting, violating fcra guidelines and my consumer rights. Midland is subject to a 1000 dollar fine I will pursue for this violation. This account should be removed from my equifax credit report or I will pursue further action on my behalf against midland. Thank you and have a great week. Please notemail midland has admitted to re-aging while claiming they do not. I have attached supporting documentation.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated April 11, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 20, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 27, 2008. The balance at the time of purchase was $6,357.01.
[redacted] expresses concern that Midland Credit has continued to attempt to collect the above-referenced debt, even though he has provided proof of hardship. A review of Midland Credit’s business records indicates that on February 24, 2014, Midland Credit received correspondence from [redacted] indicating that he has experienced medical hardship. After reviewing [redacted]’ correspondence, on February 26, 2014, pursuant to Article 3 of its Consumer Bill of Rights, Midland Credit suspended collection activity and marked the account “Cease and Desist.” While the debt remains valid, and Midland Credit will continue to accurately report the account, [redacted] has not received correspondence or calls from Midland Credit representatives regarding the above-referenced account since that time. [redacted] will continue to not receive contact from Midland Credit representatives regarding the above-referenced account unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
justify;" class="MsoBodyText3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
November 18, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
two accounts belonging to [redacted]
Midland Credit became the servicer of account no. [redacted], on behalf
of purchaser, Midland Funding, LLC (“Midland Funding”), on September 20,
2011. Information provided by the
seller, [redacted] at the time of acquisition indicates this account
was originated on June 26, 2008 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, 2010. The balance at the
time of purchase was $6,462.31.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, on October 27, 2011.
Information provided by the seller, [redacted] at the time of
acquisition indicates this account was originated on January 10, 2008 as a
[redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on March 31, 2010.
The balance at the time of purchase was $3,088.32.
[redacted] expresses a concern that she has not been provided documentation regarding
money that is owed. Midland Credit
mailed [redacted] separate and unique validation letters – on October 31, 2011,
for account no. [redacted], and on December 6, 2011, for account no. [redacted].
These letters informed her that Midland Funding had acquired the accounts, and
of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §
1692 et seq. (“FDCPA”). Please note that the letters
were mailed to [redacted] at the same address listed within her complaint, and
were not returned as “undeliverable” by the United States Postal Service,
satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debts or requesting validation from [redacted] in response to
the letters. A review of Midland Credit’s business records indicates that
it began receiving notices of possible dispute from the credit reporting
agencies in January 2013 for both accounts. Please note Midland Credit
appropriately responded to the notices of possible dispute with letters
requesting further information regarding the basis of her dispute, as well as sending
verification information provided by the seller.
On
November 11, 2015, verification information was once again mailed to [redacted] regarding both accounts in response to email correspondence received
November 5, 2015 from her. Another copy
of the documentation, for both accounts, is enclosed for [redacted] records. Additionally, a review of Midland Credit’s
business records indicates that the account information it is furnishing to the
three major credit reporting agencies is accurate.
[redacted] states she has sent documentation numerous times regarding her claims
the account was settled in 2009. However,
a review of Midland Credit’s business records indicates it has not received
such documentation. Midland Credit
stands ready to assist [redacted] in clearing her record if Midland Credit is
somehow attempting to collect an account which was resolved prior to Midland
Credit becoming the servicer, and requests that she provide documentation or
evidence which substantiates Ms[redacted] claim. [redacted] can contact Midland Credit online
at [redacted] where she can email
questions to a Consumer Support Services (CSS) specialist, find the answers to
frequently asked questions, and upload documents to support her request.
Uploaded documents are automatically sent to a CSS specialist, who will
investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate
documentation to CSS using the contact information on this letterhead.
Per
[redacted] concerns that she has been harassed for two years, the
above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted]
will no longer receive correspondence or calls from Midland Credit
representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
They ignored my cease all contact request just like they did your original message to them. After a friendly reminder, viola....they responded.
This is an unorganized company that has a history of not following the FDCPA which is why they've been sued by the federal government. They were fined $500,000 just 14 months ago by the state of [redacted] for the same ridiculous behavior. It seems they're up to their old ways. I will contact my states attorney general, Please mark their file accordingly.