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]
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]
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.
Thank you for your letter inquiry dated
July 17, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on January 27, 2012. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on January 9, 2007 as a T-Mobile cellular account number ending in 0189, 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 August 11, 2009. The charge-off balance was $569.88.
Ms. [redacted] expresses concern that Midland Credit sent her a letter stating it has instructed the three major credit reporting agencies to remove its tradeline from her consumer credit files, but the tradeline has not yet been removed. Please note, Midland Credit has been advised by the credit reporting agencies that they may take 30-60 days to update their records following notification.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 21, 2015.
[redacted] asserts that the documentation Midland Credit has provided to her is not
sufficient. Please note that the
verification information provided by the seller meets the requirements of the
Fair Debt Collection Practices Act (“FDCPA”).
The original contract, complete payment history, and a full set of
billing statements are not required under the FDCPA.
[redacted] additionally questions whether Midland Credit is licensed to conduct
business in the State of New Hampshire.
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, her home
state of New Hampshire does not require collection agency licensing.
As
indicated in prior responses, the above-referenced account will remain marked
“Cease and Desist.” While it remains due
and owing, [redacted] will continue to not receive correspondence or calls from
Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at ([redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
October 16, 2014
justify; margin: 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]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 2, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 15, 2011. The balance at the time of purchase was $831.41.
[redacted] expresses a concern that he does not owe the above-referenced debt. On July 18, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence disputing the account from [redacted] on September 30, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
While [redacted]’s request was untimely, a copy of the verification information provided by the seller is enclosed for his records. A review of Midland Credit’s business records indicates that the account is accurately reporting to the credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead. Until such documentation is received, based on the information available to it, Midland Credit must respectfully conclude the account remains valid, due and owing to it.
Otherwise, if [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per [redacted]’s request, the account will be coded “Cease and Desist.” While it remains due and owing, [redacted] will no longer 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
February 24, 2015
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 10, 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 October 16, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 14, 2009, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $195.44. Final payment on the account was received on April 10, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses concern that the above-referenced account may not belong to him, or that the credit reporting may be inaccurate. On November 10, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written 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 the first written correspondence requesting validation from [redacted] on January 29, 2015, which cannot be considered timely. Midland Credit responded by mailing [redacted] a letter stating that the debt had been previously paid, and that it was accurately being reported on his credit report to reflect a paid status.
Subsequently, Midland Credit received a written dispute on February 6, 2015, from [redacted], explaining that the debt was the product of fraud and was opened against his consent. In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. A confirmation letter was mailed to [redacted] on February 9, 2015, indicating that the account was closed and reiterating that he has no further financial obligation regarding the account. There will continue to be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[Im asking that I fill out papers and send thru Revdex.com or be given a direct person to send the papers to so I may send certified. I've sent these same papers now a few times and nobody gets them. I'm asking that I have a way to prove midland got them and who. Cause y'all just say send them and hope Revdex.com will drop outta this, then I send them and I'm back to square one. So please either except paper thru Revdex.com or a real persons name and address to have papers sent certified. I'm hoping to resolve this matter once and for all. ]
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding...
[redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 6, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit has reached out to the seller to obtain additional information regarding this matter. In the meantime, in accordance with the [redacted] Finance Code, Midland Credit has acknowledged [redacted] dispute, annotated the accounts as disputed, and ceased collection efforts while it is awaiting the requested information. Additionally, Midland Credit will not furnish information for the accounts to the three major credit reporting agencies until it is able to resolve its investigation of [redacted] concerns. Midland Credit anticipates providing your office with a complete response within 45 days from the date of this letter.
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.
April 1, 2016
Roman">
[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 March 24, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 15, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2010, as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted]
Subsequently, the account was charged-off as an unpaid delinquent-debt on July 22, 2012. The balance at the time of purchase was $1,446.80. Final payment on the account was received by Midland Credit on September 4, 2014. [redacted] has no further financial obligation for this account.
[redacted] states that during a telephone conversation, he made an agreement with Midland Credit to pay his accounts in exchange for removing of the negative account information from his consumer credit files. A review of Midland Credit’s business records indicates that on December 2, 2012, the above-referenced account was assigned to [redacted] (“[redacted]”).
[redacted] states that he has two separate accounts. Please note, Midland Credit is only the servicer of one account belonging to [redacted]. [redacted] advised that [redacted]s had two accounts placed in their office for collection, one belonging to Midland Credit, the other belonging to a different client. As Midland Credit is the servicer of the above-referenced account belonging to [redacted], please be advised its response will only be in reference to that account. [redacted] is encouraged to communicate directly with the servicer of the other account referenced in his complaint with your office regarding his concerns about that account.
[redacted] advised that suit was filed for the above-referenced account on February 25, 2013, and judgment was obtained May 2, 2013. [redacted] stated that on August 15, 2014, the firm received a call from [redacted]’s wife. During this telephone conversation with [redacted] she requested to settle the account in exchange for deletion of the account from [redacted]’s consumer credit files. The [redacted] representative appropriately advised that they do not handle credit reporting for the account. The representative advised that they do report judgments and suits to the courts who in turn report that to the credit reporting agencies. The representative further advised that upon receipt and clearance of the settlement fund, they will request the court to satisfy the judgment. [redacted] agreed to this and continued to settle the account. Once payment cleared, [redacted] filed a satisfaction of judgment on October 13, 2014. A copy of the satisfaction of judgment is enclosed for [redacted]’s records.
While Midland Credit is pleased that [redacted] was able to assist [redacted] in reaching a resolution which resolved the balance for the above-referenced account, please note that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
With that said, please note that judgments are not reported by Midland Funding. Rather, judgments are reported by the credit reporting agencies as a matter of public record. [redacted] is encouraged to communicate directly with the credit bureaus or the public records office should he have any further concerns about how the judgment is being reported.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
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Thank you for your letter inquiry dated September 10, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 2, 2008 as an [redacted]. account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2010. The balance at the time of purchase was $2,254.79.
[redacted] expresses a concern that the above-referenced account is the result of fraud. On January 8, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. While Midland Credit received notices of possible disputes from the credit reporting agencies beginning July 22, 2013, no written correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. 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.
However, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear Ms. [redacted]:
Thank you for your follow-up letter inquiry dated June 3, 2014, regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
Midland Credit
provided all the relevant account information in its previous letter response
to your office dated April 7, 2014.
Ms. [redacted]
expresses concern that Midland Credit has made inconsistent statements in its
previous responses. Please note, when
Midland Credit stated it had not received any correspondence from Ms. [redacted] it
was referring to written correspondence pursuant to the Fair
Debt Collection Practices Act (“FDCPA”) specifically for
the purpose of disputing the debt or requesting validation. 15 U.S.C. § 1692 et seq. Please note, written correspondence pursuant
to the FDCPA differs from any oral communications which occurred over the
telephone.
Ms. [redacted]
continues to allege that a Midland Credit representative stated the
above-referenced debt would be placed back on her credit report. Midland Credit maintains its position in that
its investigation found no violation of company policy, and that the employee
in question acted appropriately pursuant to applicable law.
Ms. [redacted] also
expresses concern as to how Midland Credit determined the employee in question
in its investigation. Please note, as Ms.
[redacted] did not provide the name of the employee or the date of the
conversation in question, Midland Credit based its investigation on Ms.
[redacted]’s description of the conversation. Midland Credit’s representatives are
trained to keep detailed notes regarding their conversations with consumers,
and such notes are reflected in Ms. [redacted]’s account file.
Ms.
[redacted] also continues to question why the current balance is much higher than
the balance at the time of charge-off.
Midland Credit maintains its position that based on the information
provided by the seller, [redacted] Bank (USA), N.A., the account was charged-off
with a balance of $6,960.73. After
charge-off and prior to the account being sold to Midland Funding, the original
creditor continued to add interest. The
balance at time of purchase of $11,043.64 is the charge-off balance plus
interest added by the original creditor. That said, to date Midland Credit has
received payments totaling $4,050.00 leaving a remaining balance owed of
$6,993.64 as of June 16, 2014.
Please
note, a
review of Midland Credit’s business records indicates that the seven-year
Federal Reporting period for the above-referenced account expired in June 2014. This does not extinguish the debt. Rather, it prevents the account from being
reported to the credit reporting agencies.
The account will still remain collectible, due and owing to Midland
Credit.
The account will also remain marked “Cease and
Desist,” and you will continue to no longer receive contact from Midland Credit
representatives unless a response is required by law. Please assure Ms. [redacted] that Midland Credit
is a reputable firm, and that it is a member of the Revdex.com of
San Diego in good standing. With
numerous scams noted in the media, it can be confusing for a consumer to
discern which companies are operating within the law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (800) 825-8131 ext. [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Roman">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
April 17, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition
indicates this account was originated on March 31, 2008, as
an [redacted] account
number ending in [redacted], in the name of [redacted], under the last four of the social
security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on March 10, 2009. The balance at the time of purchase was $671.52.
[redacted] writes that Midland Credit sent a bill in her name to her sister’s
address. Please note that during its
normal course of business, Midland Credit relies on consumer information
provided by third party vendors to ensure that its consumer contact information
is up to date. Based on the information provided within the complaint, it
appears that during a search for [redacted]’s most current information, her
sister’s address was provided to Midland Credit representatives by a third
party vendor. In reliance on that information, Midland Credit attempted
to contact [redacted] regarding the referenced account. Prior to receipt of the complaint, Midland
Credit did not have notice that it was attempting to contact [redacted] at a
wrong address.
While
[redacted] did not provide the address at which the letter was received, the
most recent address that mail was sent to has been marked “Do Not Mail” in
Midland Credit’s computer system for the referenced account. Please assure [redacted] that no more
correspondence will be sent to this address by Midland Credit representatives
regarding the referenced account.
Additionally,
per [redacted]’s requests that she only be contacted through your office, 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.
[redacted] also requests that the account be
removed from her credit report. 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. A
copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready
to resolve this debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist her in reaching a resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
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 thank you for your time and the effort you have put into helping me to resolve this matter. I'm sorry that we have to do this this way, like a blind boxer throwing punches to the air . I also want to thank MCM for trying to solve this matter as well. My only concern and question is, how can someone who doesn't own any money (and I am conscious of that) be forced to pay for something they don't owe? They said on the letter to call so we can reach an agreement on a debt reduction. But I'm having a hard time understanding why if I paid everything I owed to [redacted] while I was their customer? I can't really understand and I am not open to injustice and unfairness. I will with much willingness and gadfly pay as long as I am conscious that I owe something. I just can't pay for something I don't owe, I don't have enough money to pay my bills less to give. Please I apologize for any inconvenience and for all of the time invested or wasted in this matter. Nevertheless thank you very much for your help.
Regards,
[redacted]
Hi,
The complaint filed on May 4th was for an account separate to this one. Further review and request to Midland about this newly discovered account has been unanswered. The account number on my credit report [redacted]
Thanks,
[redacted]
size="3">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 4, 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 21, 2009.
Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on August 7,
2007, as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account
was charged-off as an unpaid delinquent-debt on November 29, 2008. The balance at the time of purchase was
$625.69.
[redacted] expresses a concern that her validation requests have been
ignored. On December 25, 2009, Midland
Credit mailed [redacted] a validation letter, which informed her that
Midland Funding had acquired the account, and of her rights pursuant to the
Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned
as “undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. A review of Midland Credit’s
business records indicates that it received the first correspondence requesting
validation from [redacted] on January 2, 2015, 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.
With
that said, although [redacted]’s request is untimely, Midland Credit
acknowledges her dispute, has ceased collection efforts, annotated the account
as disputed, and has begun the process of verifying the debt. Once Midland Credit has obtained verification
of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report
the account to the three major credit reporting agencies until it is able to
provide verification of the debt.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
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 11, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the three above-referenced accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 28, 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 12, 2009. The balance at the time of purchase was $660.09.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 3, 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 19, 2009. The balance at the time of purchase was $1,630.69.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 7, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 15, 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 3, 2009. The balance at the time of purchase was $813.13.
In regard to account no. [redacted] writes that she has previously disputed the above-referenced debt as appearing on her credit report, and that her validation requests have been ignored. Pursuant to Midland Credit’s standard business practices, on December 6, 2013, Midland Credit mailed the initial validation letter to [redacted], advising her of the role of Midland Credit as the servicer of the account and providing her with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on July 22, 2014.
As the correspondence was received in a timely manner pursuant to applicable law specific to the account, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. A letter informing [redacted] of these actions was mailed to her on July 28, 2014. Please note that the letter was mailed to [redacted] at the address provided in her correspondence, [redacted], which is not the same address indicated in the complaint filed through your office. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
[redacted] expresses additional concern that her validation requests have also been ignored for account nos. [redacted] and [redacted], and that these accounts are on her credit report. Midland Credit mailed [redacted] separate and unique validation letters – on April 24, 2011 for account no. [redacted], and on January 25, 2013 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] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] for account nos. [redacted] and [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies.
As referenced above, Midland Credit will contact your office when it receives verification of the debt for account no. [redacted], and will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt. However, if [redacted] is ready to settle the debts for account nos. [redacted] and [redacted], she may qualify for a reduction in her account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have noticed that Midland repeatedly reports on several of its responses that it complies with the FDCPA but it does not. I have never received the verification they claim to have sent despite their claim to have done so. If, in fact, this information does exist, I would like to have a copy forwarded to me. Otherwise, I would like to have the information removed from my credit file.
Regards,
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated September 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 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 February 28, 2009. The balance at the time of purchase was $982.08.
[redacted] expresses a concern that he was not provided proper notice of the debt. Pursuant to Midland Credit’s standard business practices, on January 4, 2014, Midland Credit mailed the initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
Midland Credit’s business records indicate that the complaint [redacted] filed was received in a timely manner pursuant to applicable law specific to the account. Upon receipt, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry dated August 19, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Mr. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on February 8, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 13, 2005 as a [redacted]/[redacted] credit card account number ending in [redacted] in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 16, 2008. The balance at the time of purchase was $2,211.67.
While not the only item of concern in the complaint, Mr. [redacted] states that Midland Credit has manipulated the date of original default by five years, and is incorrectly listing the above-referenced account’s open date on his consumer credit file. While Midland Credit is sensitive to Mr. [redacted]’s concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on Mr. [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC.
Mr. [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. Based on the law and guidelines governing credit reporting, it would appear that the account is being correctly reported. In addition, if Mr. [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.
Additionally, Mr. [redacted] expresses a concern that the account’s open date reported on his consumer credit file has delayed the end of the seven-year Federal Reporting period until 2018. He also states that the account should have stopped reporting to his consumer credit files in 2013, and that collections should have ceased at that time. Please note that the expiration of the seven-year Federal Reporting period does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in November, 2014.
Mr. [redacted] further writes that he has previously disputed the account, and his validation requests have been ignored. On March 27, 2011, Midland Credit mailed Mr. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Mr. [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 Mr. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Mr. [redacted] on or about May 16, 2012, 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 Mr. [redacted] and collect the debt.
Midland Credit has acted in a timely manner and complied with all applicable laws. With that said, in keeping with its Consumer-First policy, upon receipt of Mr. [redacted]’s complaint through the CFPB, Midland Credit acknowledged Mr. [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Midland Credit has yet to receive verification documents from the seller. Once Midland Credit obtains verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Enclosure
[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]
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]
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.
Thank you for your letter inquiry dated
July 17, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on January 27, 2012. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on January 9, 2007 as a T-Mobile cellular account number ending in 0189, 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 August 11, 2009. The charge-off balance was $569.88.
Ms. [redacted] expresses concern that Midland Credit sent her a letter stating it has instructed the three major credit reporting agencies to remove its tradeline from her consumer credit files, but the tradeline has not yet been removed. Please note, Midland Credit has been advised by the credit reporting agencies that they may take 30-60 days to update their records following notification.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 21, 2015.
[redacted] asserts that the documentation Midland Credit has provided to her is not
sufficient. Please note that the
verification information provided by the seller meets the requirements of the
Fair Debt Collection Practices Act (“FDCPA”).
The original contract, complete payment history, and a full set of
billing statements are not required under the FDCPA.
[redacted] additionally questions whether Midland Credit is licensed to conduct
business in the State of New Hampshire.
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, her home
state of New Hampshire does not require collection agency licensing.
As
indicated in prior responses, the above-referenced account will remain marked
“Cease and Desist.” While it remains due
and owing, [redacted] will continue to not receive correspondence or calls from
Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at ([redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
October 16, 2014
justify; margin: 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]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 2, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 15, 2011. The balance at the time of purchase was $831.41.
[redacted] expresses a concern that he does not owe the above-referenced debt. On July 18, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence disputing the account from [redacted] on September 30, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
While [redacted]’s request was untimely, a copy of the verification information provided by the seller is enclosed for his records. A review of Midland Credit’s business records indicates that the account is accurately reporting to the credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead. Until such documentation is received, based on the information available to it, Midland Credit must respectfully conclude the account remains valid, due and owing to it.
Otherwise, if [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per [redacted]’s request, the account will be coded “Cease and Desist.” While it remains due and owing, [redacted] will no longer 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
February 24, 2015
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 10, 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 October 16, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 14, 2009, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $195.44. Final payment on the account was received on April 10, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses concern that the above-referenced account may not belong to him, or that the credit reporting may be inaccurate. On November 10, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written 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 the first written correspondence requesting validation from [redacted] on January 29, 2015, which cannot be considered timely. Midland Credit responded by mailing [redacted] a letter stating that the debt had been previously paid, and that it was accurately being reported on his credit report to reflect a paid status.
Subsequently, Midland Credit received a written dispute on February 6, 2015, from [redacted], explaining that the debt was the product of fraud and was opened against his consent. In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. A confirmation letter was mailed to [redacted] on February 9, 2015, indicating that the account was closed and reiterating that he has no further financial obligation regarding the account. There will continue to be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[Im asking that I fill out papers and send thru Revdex.com or be given a direct person to send the papers to so I may send certified. I've sent these same papers now a few times and nobody gets them. I'm asking that I have a way to prove midland got them and who. Cause y'all just say send them and hope Revdex.com will drop outta this, then I send them and I'm back to square one. So please either except paper thru Revdex.com or a real persons name and address to have papers sent certified. I'm hoping to resolve this matter once and for all. ]
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding...
[redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 6, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit has reached out to the seller to obtain additional information regarding this matter. In the meantime, in accordance with the [redacted] Finance Code, Midland Credit has acknowledged [redacted] dispute, annotated the accounts as disputed, and ceased collection efforts while it is awaiting the requested information. Additionally, Midland Credit will not furnish information for the accounts to the three major credit reporting agencies until it is able to resolve its investigation of [redacted] concerns. Midland Credit anticipates providing your office with a complete response within 45 days from the date of this letter.
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]
Assistant Secretary
[redacted]
April 1, 2016
Roman">
[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 March 24, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 15, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2010, as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted]
Subsequently, the account was charged-off as an unpaid delinquent-debt on July 22, 2012. The balance at the time of purchase was $1,446.80. Final payment on the account was received by Midland Credit on September 4, 2014. [redacted] has no further financial obligation for this account.
[redacted] states that during a telephone conversation, he made an agreement with Midland Credit to pay his accounts in exchange for removing of the negative account information from his consumer credit files. A review of Midland Credit’s business records indicates that on December 2, 2012, the above-referenced account was assigned to [redacted] (“[redacted]”).
[redacted] states that he has two separate accounts. Please note, Midland Credit is only the servicer of one account belonging to [redacted]. [redacted] advised that [redacted]s had two accounts placed in their office for collection, one belonging to Midland Credit, the other belonging to a different client. As Midland Credit is the servicer of the above-referenced account belonging to [redacted], please be advised its response will only be in reference to that account. [redacted] is encouraged to communicate directly with the servicer of the other account referenced in his complaint with your office regarding his concerns about that account.
[redacted] advised that suit was filed for the above-referenced account on February 25, 2013, and judgment was obtained May 2, 2013. [redacted] stated that on August 15, 2014, the firm received a call from [redacted]’s wife. During this telephone conversation with [redacted] she requested to settle the account in exchange for deletion of the account from [redacted]’s consumer credit files. The [redacted] representative appropriately advised that they do not handle credit reporting for the account. The representative advised that they do report judgments and suits to the courts who in turn report that to the credit reporting agencies. The representative further advised that upon receipt and clearance of the settlement fund, they will request the court to satisfy the judgment. [redacted] agreed to this and continued to settle the account. Once payment cleared, [redacted] filed a satisfaction of judgment on October 13, 2014. A copy of the satisfaction of judgment is enclosed for [redacted]’s records.
While Midland Credit is pleased that [redacted] was able to assist [redacted] in reaching a resolution which resolved the balance for the above-referenced account, please note that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
With that said, please note that judgments are not reported by Midland Funding. Rather, judgments are reported by the credit reporting agencies as a matter of public record. [redacted] is encouraged to communicate directly with the credit bureaus or the public records office should he have any further concerns about how the judgment is being reported.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated September 10, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 2, 2008 as an [redacted]. account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2010. The balance at the time of purchase was $2,254.79.
[redacted] expresses a concern that the above-referenced account is the result of fraud. On January 8, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. While Midland Credit received notices of possible disputes from the credit reporting agencies beginning July 22, 2013, no written correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. 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.
However, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear Ms. [redacted]:
Thank you for your follow-up letter inquiry dated June 3, 2014, regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
Midland Credit
provided all the relevant account information in its previous letter response
to your office dated April 7, 2014.
Ms. [redacted]
expresses concern that Midland Credit has made inconsistent statements in its
previous responses. Please note, when
Midland Credit stated it had not received any correspondence from Ms. [redacted] it
was referring to written correspondence pursuant to the Fair
Debt Collection Practices Act (“FDCPA”) specifically for
the purpose of disputing the debt or requesting validation. 15 U.S.C. § 1692 et seq. Please note, written correspondence pursuant
to the FDCPA differs from any oral communications which occurred over the
telephone.
Ms. [redacted]
continues to allege that a Midland Credit representative stated the
above-referenced debt would be placed back on her credit report. Midland Credit maintains its position in that
its investigation found no violation of company policy, and that the employee
in question acted appropriately pursuant to applicable law.
Ms. [redacted] also
expresses concern as to how Midland Credit determined the employee in question
in its investigation. Please note, as Ms.
[redacted] did not provide the name of the employee or the date of the
conversation in question, Midland Credit based its investigation on Ms.
[redacted]’s description of the conversation. Midland Credit’s representatives are
trained to keep detailed notes regarding their conversations with consumers,
and such notes are reflected in Ms. [redacted]’s account file.
Ms.
[redacted] also continues to question why the current balance is much higher than
the balance at the time of charge-off.
Midland Credit maintains its position that based on the information
provided by the seller, [redacted] Bank (USA), N.A., the account was charged-off
with a balance of $6,960.73. After
charge-off and prior to the account being sold to Midland Funding, the original
creditor continued to add interest. The
balance at time of purchase of $11,043.64 is the charge-off balance plus
interest added by the original creditor. That said, to date Midland Credit has
received payments totaling $4,050.00 leaving a remaining balance owed of
$6,993.64 as of June 16, 2014.
Please
note, a
review of Midland Credit’s business records indicates that the seven-year
Federal Reporting period for the above-referenced account expired in June 2014. This does not extinguish the debt. Rather, it prevents the account from being
reported to the credit reporting agencies.
The account will still remain collectible, due and owing to Midland
Credit.
The account will also remain marked “Cease and
Desist,” and you will continue to no longer receive contact from Midland Credit
representatives unless a response is required by law. Please assure Ms. [redacted] that Midland Credit
is a reputable firm, and that it is a member of the Revdex.com of
San Diego in good standing. With
numerous scams noted in the media, it can be confusing for a consumer to
discern which companies are operating within the law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (800) 825-8131 ext. [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
Roman">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
April 17, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition
indicates this account was originated on March 31, 2008, as
an [redacted] account
number ending in [redacted], in the name of [redacted], under the last four of the social
security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on March 10, 2009. The balance at the time of purchase was $671.52.
[redacted] writes that Midland Credit sent a bill in her name to her sister’s
address. Please note that during its
normal course of business, Midland Credit relies on consumer information
provided by third party vendors to ensure that its consumer contact information
is up to date. Based on the information provided within the complaint, it
appears that during a search for [redacted]’s most current information, her
sister’s address was provided to Midland Credit representatives by a third
party vendor. In reliance on that information, Midland Credit attempted
to contact [redacted] regarding the referenced account. Prior to receipt of the complaint, Midland
Credit did not have notice that it was attempting to contact [redacted] at a
wrong address.
While
[redacted] did not provide the address at which the letter was received, the
most recent address that mail was sent to has been marked “Do Not Mail” in
Midland Credit’s computer system for the referenced account. Please assure [redacted] that no more
correspondence will be sent to this address by Midland Credit representatives
regarding the referenced account.
Additionally,
per [redacted]’s requests that she only be contacted through your office, 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.
[redacted] also requests that the account be
removed from her credit report. 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. A
copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready
to resolve this debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist her in reaching a resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
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 thank you for your time and the effort you have put into helping me to resolve this matter. I'm sorry that we have to do this this way, like a blind boxer throwing punches to the air . I also want to thank MCM for trying to solve this matter as well. My only concern and question is, how can someone who doesn't own any money (and I am conscious of that) be forced to pay for something they don't owe? They said on the letter to call so we can reach an agreement on a debt reduction. But I'm having a hard time understanding why if I paid everything I owed to [redacted] while I was their customer? I can't really understand and I am not open to injustice and unfairness. I will with much willingness and gadfly pay as long as I am conscious that I owe something. I just can't pay for something I don't owe, I don't have enough money to pay my bills less to give. Please I apologize for any inconvenience and for all of the time invested or wasted in this matter. Nevertheless thank you very much for your help.
Regards,
[redacted]
Hi,
The complaint filed on May 4th was for an account separate to this one. Further review and request to Midland about this newly discovered account has been unanswered. The account number on my credit report [redacted]
Thanks,
[redacted]
Dear [redacted]
size="3">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 4, 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 21, 2009.
Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on August 7,
2007, as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account
was charged-off as an unpaid delinquent-debt on November 29, 2008. The balance at the time of purchase was
$625.69.
[redacted] expresses a concern that her validation requests have been
ignored. On December 25, 2009, Midland
Credit mailed [redacted] a validation letter, which informed her that
Midland Funding had acquired the account, and of her rights pursuant to the
Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned
as “undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. A review of Midland Credit’s
business records indicates that it received the first correspondence requesting
validation from [redacted] on January 2, 2015, 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.
With
that said, although [redacted]’s request is untimely, Midland Credit
acknowledges her dispute, has ceased collection efforts, annotated the account
as disputed, and has begun the process of verifying the debt. Once Midland Credit has obtained verification
of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report
the account to the three major credit reporting agencies until it is able to
provide verification of the debt.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
September 25, 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 11, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the three above-referenced accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 28, 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 12, 2009. The balance at the time of purchase was $660.09.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 3, 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 19, 2009. The balance at the time of purchase was $1,630.69.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 7, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 15, 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 3, 2009. The balance at the time of purchase was $813.13.
In regard to account no. [redacted] writes that she has previously disputed the above-referenced debt as appearing on her credit report, and that her validation requests have been ignored. Pursuant to Midland Credit’s standard business practices, on December 6, 2013, Midland Credit mailed the initial validation letter to [redacted], advising her of the role of Midland Credit as the servicer of the account and providing her with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on July 22, 2014.
As the correspondence was received in a timely manner pursuant to applicable law specific to the account, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. A letter informing [redacted] of these actions was mailed to her on July 28, 2014. Please note that the letter was mailed to [redacted] at the address provided in her correspondence, [redacted], which is not the same address indicated in the complaint filed through your office. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
[redacted] expresses additional concern that her validation requests have also been ignored for account nos. [redacted] and [redacted], and that these accounts are on her credit report. Midland Credit mailed [redacted] separate and unique validation letters – on April 24, 2011 for account no. [redacted], and on January 25, 2013 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] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] for account nos. [redacted] and [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies.
As referenced above, Midland Credit will contact your office when it receives verification of the debt for account no. [redacted], and will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt. However, if [redacted] is ready to settle the debts for account nos. [redacted] and [redacted], she may qualify for a reduction in her account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have noticed that Midland repeatedly reports on several of its responses that it complies with the FDCPA but it does not. I have never received the verification they claim to have sent despite their claim to have done so. If, in fact, this information does exist, I would like to have a copy forwarded to me. Otherwise, I would like to have the information removed from my credit file.
Regards,
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated September 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 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 February 28, 2009. The balance at the time of purchase was $982.08.
[redacted] expresses a concern that he was not provided proper notice of the debt. Pursuant to Midland Credit’s standard business practices, on January 4, 2014, Midland Credit mailed the initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
Midland Credit’s business records indicate that the complaint [redacted] filed was received in a timely manner pursuant to applicable law specific to the account. Upon receipt, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
September 2, 2014
class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry dated August 19, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Mr. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on February 8, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 13, 2005 as a [redacted]/[redacted] credit card account number ending in [redacted] in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 16, 2008. The balance at the time of purchase was $2,211.67.
While not the only item of concern in the complaint, Mr. [redacted] states that Midland Credit has manipulated the date of original default by five years, and is incorrectly listing the above-referenced account’s open date on his consumer credit file. While Midland Credit is sensitive to Mr. [redacted]’s concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on Mr. [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC.
Mr. [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. Based on the law and guidelines governing credit reporting, it would appear that the account is being correctly reported. In addition, if Mr. [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.
Additionally, Mr. [redacted] expresses a concern that the account’s open date reported on his consumer credit file has delayed the end of the seven-year Federal Reporting period until 2018. He also states that the account should have stopped reporting to his consumer credit files in 2013, and that collections should have ceased at that time. Please note that the expiration of the seven-year Federal Reporting period does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in November, 2014.
Mr. [redacted] further writes that he has previously disputed the account, and his validation requests have been ignored. On March 27, 2011, Midland Credit mailed Mr. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Mr. [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 Mr. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Mr. [redacted] on or about May 16, 2012, 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 Mr. [redacted] and collect the debt.
Midland Credit has acted in a timely manner and complied with all applicable laws. With that said, in keeping with its Consumer-First policy, upon receipt of Mr. [redacted]’s complaint through the CFPB, Midland Credit acknowledged Mr. [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Midland Credit has yet to receive verification documents from the seller. Once Midland Credit obtains verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Enclosure
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