Dear [redacted]
Thank you for your follow-up letter inquiry dated February 14, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant account information in its previous letter response to your office dated February 10, 2014. In her follow-up [redacted] writes that Midland Credit is reporting inaccurate information on her consumer credit files, namely listing the account as a “key derogatory.” Please note that Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the credit reporting agencies as required. Midland Credit is not reporting the account as “key derogatory.”
The credit bureaus determine which accounts should be marked as a “key derogatory.” In addition, it is Midland Credit’s understanding that only the consumer can see the notation of “key derogatory.” [redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns regarding the “key derogatory” notation.
[redacted] also requests verification information. Please note that Midland Credit’s position has not changed. However, while not required, a copy of the bill of sale verifying Midland Funding as the rightful owner of the account is enclosed for her records.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
With that said, in keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted]. Please have [redacted] call [redacted], to discuss repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:From: [redacted]Date: Tue, Mar 10, 2015 at 4:52 PMSubject: [redacted] ComplaintTo: "[redacted]
Hello
I am seeing that The complaint has been Administratively Closed
My complaint ID is [redacted]
I am still receiving the following messages ..
I told you before that they are not calling [redacted] they are calling my work cell [redacted] here is a snipping image of the calls still calling every day… I can not believe that you will do nothing about this,, I guess I will need to go other means to get this to stop..
Dear [redacted]
Thank you for your follow-up letter inquiry dated June 20, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all the relevant account information in its previous letter response to your office dated May 22, 2014.
While not the only item of concern identified within [redacted]’ follow-up complaint, she writes that the payment information provided in Midland Credit’s original response is incorrect. As stated in the previous response; a review of Midland Credit’s business records indicates that on November 25, 2013, settlement was agreed to in which a total of $849.99 was to be made in bi-weekly payments of $49.99. After the first payment was made, on December 13, 2013, the repayment plan was cancelled in favor of a new arrangement, in which a total of $799.84 was to be repaid, with $99.98 down payment, and $49.99 bi-weekly payments. To date, a total of $349.93 has been made towards the $799.84 agreement. While $662.56 is the full balance remaining, [redacted] only has $449.91 left on her settlement. Once the settlement balance has been paid, the remaining balance on the account will be adjusted to zero. However, please note that on March 20, 2014, [redacted] called in and cancelled the repayment plan after she was unable to submit the payment for March. Midland Credit has determined that the above information is correct.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred. Midland Credit’s representatives acted appropriately pursuant to applicable law. Reviewing the conversation that last occurred between a Midland Credit representative and [redacted], the representative was not rude and provided details of the account. When the Midland Credit representative explained to the consumer that Midland Credit is unable to accept a second payment on the same day as a previous one, [redacted] terminated the call after stating that Midland Credit should call her daughter who was paying the account.
Midland Credit remains willing to re-engage [redacted]’ previous plan. The account has been referred to Account Manager [redacted] If [redacted] wishes to re-engage her repayment plan for the remaining $449.91, please have her call [redacted] at [redacted], to discuss repayment options.
In the meantime, per [redacted]’ request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
October 21, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 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 July 23, 2015. Since that time, the above referenced account has become the subject of ongoing contested civil litigation. For that reason, and given the contested nature of the matter, Midland Credit will be addressing the allegations contained in [redacted] complaint as part of the formal litigation process.
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]
I was called to collect a debt by Midland and authorized them to make a one time withdrawal of $472.00 On November 9,2016 which they did. But then they withdrew the same agreed upon amount a second time which I had not authorized on November 10,2016. I called them on the 11th and was told that they had sent the reversal at 3:17 pm November 10th. So I proceeded to to call wellsfargo on November 11th and investigate further and was informed that no such reversal request had occurred. Watch closely when dealing with Midland.
Re: Consumer complaint of [redacted]
mso-add-space: auto">Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 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 December 9, 2009. The balance at the time of purchase was $544.30.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 15, 2009, as a [redacted] Within credit card account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 9, 2009. The balance at the time of purchase was $527.24.
[redacted] expresses a concern that he has not received validation information within a 30 day time period and that Midland Credit reported the accounts without notice or verification of the debt. Pursuant to Midland Credit’s standard business practices, on November 15, 2013, for account no. [redacted] and on December 6, 2013, for account no. [redacted], Midland Credit mailed the initial validation letters 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”). Please note that the letters were mailed to [redacted] at the same address listed within his complaint.
Midland Credit received correspondence requesting validation from [redacted] on June 25, 2015 for both of the above-referenced accounts. Upon receipt of [redacted]’s correspondence, Midland Credit acknowledged his dispute, annotated the accounts as disputed, and ceased collection efforts and reporting of the accounts to the three major credit reporting agencies while it was in the process of verifying the debts. In response, Midland Credit sent [redacted] letters regarding both accounts on July 8, 2015 advising [redacted] that Midland Credit had requested the appropriate documents and would provide a response shortly.
Once Midland Credit received verification information from the seller for both accounts, copies of the verification information for the accounts were sent to [redacted] on or about August 19, 2015. Copies of the verification information provided by the seller for both accounts are enclosed for [redacted]’s records.
As part of the investigation, when [redacted]’s requests for validation were received, Midland Credit appropriately notified the credit reporting agencies to cease its furnishing information for the accounts. In keeping with its Consumer First policy, Midland Credit has made the business decision not to re-report the accounts. Please note that while information for the accounts is not being furnished to the three major credit reporting agencies, they remain due and owing.
If [redacted] is ready to resolve the above-referenced debts, he may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balances.
In the meantime, per [redacted]’s previous request, the above-referenced accounts will remain marked “Direct Mail Only.” [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I the have reviewed 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.
It is with extreme frustration that I must continue this battle and still not get the answers I am looking for. I, therefore, have spent much time looking for and locating old copies of credit reports and old bills from MCM.
I am also concerned and frustrated with the repeated inconsistencies and out right untruths in the previous responses from MCM. Following, I will start by showing exerts from MCM's previous responses which I consider to be these inconsistencies and also show that they are not exactly stating the truth:
- Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. In fact, no correspondence was received from Ms. [redacted] prior to the complaint filed through your office, which cannot be considered timely.
However, these statements show correspondence,
- A review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If Ms. [redacted] is no longer represented by an attorney, please provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
and,
- Regarding Ms. [redacted]’s allegation that the employee told her that Midland Credit would put the account back on her credit after it had been deleted by [redacted], it appears that Ms. [redacted] may have misunderstood the information she was provided.
also,
- Ms. [redacted]’s original complaint she questioned the alleged conduct of certain Midland Credit employees. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable law. The employee in question was not rude and did not use profanity as described by Ms. [redacted].
and,
- Additionally, although Ms. [redacted] writes that she did not tell Midland Credit representatives that she had an attorney, the investigation results found that Ms. [redacted] told the employee that her attorney would call Midland Credit. Ms. [redacted]’s account has been updated to reflect that she states she is not being represented by an attorney.
As far as misunderstanding the employee about putting the charges back on my credit report, definitely not a misunderstanding. That was the proverbial straw that broke the camel's
back, which is what got the Credit Bureau to suggest that I get in touch with the Revdex.com.( He laughed about it! Definitely upset me! )
The above statements not only show correspondence with MCM (before contacting the Revdex.com), but some of the statements show other untruths or plain out lies.
Such as, when I mentioned an employee becoming irate with me and cussing at me, I never mentioned that employee's name nor the date of that occurrence. My question, how did they know who, "the employee in question..." (as stated above) was? I have several statements ranging from 2010 - 2014 with a variety of employees' names on them, several of which I have documented that I did make calls and the dates the calls were made. And again, this does show correspondence with, and untruth by, MCM.
I have also documented that on 9-21-2012 I called MCM and spoke with an employee named [redacted]. All I wrote was, "no information." I immediately called [redacted] and they gave me the number for their charge offs. (1-800-258-9319) I spoke with [redacted] and she was somewhat helpful. She said that she could tell me what the account balance was at the time they sold it, but could not tell me the amount that they sold it for. She explained that these accounts are normally sold at a significantly lower price. She told me the balance of my account at the time it was sold was $69690.00 She stated that it was sold on 9-20-2010. This information also corresponds with the documents that I printed from the Credit Bureau on various dates. My documents show the following:
[redacted] account opened 1-2002
Reported delinquent 1st time - 6-2007
Sold - 9-2010
Balance - $6970.00
Then -
Midland Funding from Credit Bureau Stated -
Opened - 8-25-2010
High balance -$ 11,044.00
Now , this is where it started.
On a statement I have found acknowledging payment received, dated 12-2010 the balance was $10,743.00 Balance from over 11,000 to 10,743.00 in less than 4 months)
This show I began making payments right away. So, when did the interest grow? Although I didn't agree with it, I did want to keep making payments.
On another Credit Bureau report that I have it shows that in the first two years I missed one payment.
Also, from August, 2010 - February, 2014 the balance has gone from $11,044.00 to $6,993.64
My payments have been $100.00 per month except for a few months of paying $125.00
This is 42 months of payments and an average of @ 96.00 per month. I feel this shows I have missed VERY FEW payments since 2010 and still I ask where did the $11,000.00 come from? When could there have possibly been that much interest added? I know my balance from [redacted] at time of sale was > $7,000.00, I began paying MCM immediately and have missed very few payments.
Hence the dilemma!
So, in conclusion, I feel I have shown inconsistencies with MCM's responses, statements that could not possibly be truthful, and that I have the documentation that I do not, nor did I ever, owe over $11,000.00
I can fax any of my documents that you may find helpful. Please just let me know.
Please help me with this! And thank you for your time!
Regards,
[redacted]
October 13, 2015
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 29, 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 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 26, 2012 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 11, 2012. The balance at the time of purchase was $736.29.
A review of Midland Credit’s business records indicates that on December 29, 2013, this account was assigned to [redacted]. located at [redacted]. Their phone number is [redacted] Please note, that the firm has changed its name to the [redacted] but maintains the same contact information.
[redacted] expresses a concern that he paid the debt in full with the understanding that the account would be removed from his credit report. Midland Credit has forwarded a copy of the complaint to the firm, and [redacted] advised that the first initial validation letter was mailed to [redacted] on January 2, 2014. On March 13, 2015, [redacted] mailed [redacted] another letter requesting him to contact their office to discuss a potential settlement offer. When a response was not received, the firm filed suit on June 10, 2015. [redacted] business records indicate on September 8, 2015 [redacted] called the firm and an agreement was reached to pay the account in full for $736.29.
During that call the firm stated that [redacted] inquired with the firm about how the account would credit report and to whom. The firm then advised [redacted] that it only reports information to Midland Credit which furnishes the information regarding his account to the credit reporting agencies. [redacted] was advised that upon resolution of the account, the status of the account would be updated to show the account as being “Paid in Full.” The firm advised that at no point in the conversation did the representative communicate to [redacted] that the account would be deleted from his credit report once paid.
[redacted] desires to have the above-referenced account deleted from his consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which resolved the balance for the account, it is Midland Credit’s policy to furnish accurate account information. 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.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on October 25, 2010. Information provided by the seller,[redacted] at the time of acquisition indicates this account was originated on November 15, 2005 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 September 30, 2009. The balance at the time of purchase was $419.41. The balance due as of May 9, 2014, including interest accrued, is $514.87.
[redacted] indicates that they are not aware of the above-referenced debt, and requests validation. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on October 29, 2010, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received from [redacted] prior to the complaint 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 account to the credit reporting agencies. With that said, Midland Credit stands ready to assist [redacted] in clearing their record if they have 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 they reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry dated July 3, 2014
regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer with the same last name as Mr. [redacted]. During a search for the correct consumer, Mr.
[redacted]’s phone number was provided to Midland Credit representatives by a third
party. In reliance on that information,
Midland Credit attempted to contact the consumer regarding the referenced
account. Please note, Midland Credit had
no information that it was contacting a wrong number for the consumer until
receipt of the complaint through your office.
Regarding
his concerns about credit reporting, a review of Midland Credit’s business
records indicates it is not reporting the referenced account to the three
credit reporting agencies. If Midland
Credit is reporting on Mr. [redacted]’s consumer credit files, please have him
contact Consumer Support Services at (800) 825-8131, ext. [redacted].
Mr.
[redacted] also questions why Midland Credit representatives have not left any
messages informing him of the reason for their call. Please note that
Midland Credit has strict guidelines that its representatives must adhere to
when leaving messages. This policy assists in preventing the inadvertent
disclosure of private consumer information to third parties. Due to those
restrictions, no messages were left.
Mr.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer
system for the referenced account. Mr.
[redacted] will no longer receive calls from Midland Credit representatives
regarding the referenced account.
Additionally, Mr. [redacted]’s telephone number ([redacted]) has been added
to an exclusion list to prevent it from being called in the future.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (800) 825-8131 ext. [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 17, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on January 17, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 29, 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 April 13, 2010. The balance at the time of purchase was $682.88. Final payment on the account was received on March 12, 2013. [redacted] has no further financial obligation for this account.
[redacted] expresses a desire to have the above-referenced account deleted from their consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which settled the balance for the above-referenced account, please note that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred. Its representatives acted appropriately pursuant to applicable law. There is no indication that [redacted] was told the account would be deleted after it was paid.
Additionally, [redacted] was faxed a letter outlining the terms of the settlement agreement prior to making payment. The referenced letter contains the following disclosure: “After receiving your final payment, we will consider the account PAID IN FULL and the three major credit reporting agencies will be updated accordingly.” An exemplar of this letter is enclosed for your reference. Based on this investigation, Midland Credit will continue to accurately report the account as “Account paid in full, was a collection account.”
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
0in 0pt" class="MsoNormal">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 9, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted] which are being reported to the credit reporting agencies. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 12, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on January 23, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 18, 2009. The balance at the time of purchase was $711.93.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 26, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on June 24, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2009. The balance at the time of purchase was $265.33.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on January 13, 2011. 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 8890, in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 6, 2009. The balance at the time of purchase was $503.34.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit mailed [redacted] separate and unique validation letters – on October 11, 2009, for account no. [redacted] on November 12, 2009 for account no. [redacted], and on January 21, 2011, for account no. [redacted]. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] with regard to account no. [redacted] on February 26, 2015 and with regard to account no. [redacted] on January 30, 2015. No correspondence was received directly from [redacted] with regard to account no. [redacted] prior to the complaint filed through your office. None of these can be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such 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 account to the three major credit reporting agencies.
Although the request is not timely, a copy of the verification information provided by the seller for account no. [redacted] is enclosed for [redacted]’s records. If [redacted] is ready to resolve these debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as resolve 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
Dear 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 because Attorney [redacted] never mentions a resolution. Attorney [redacted] clearly indicates that Midland Credit Management has permissible purpose when they do not have permissible purpose. I want the proof that they have permissible purpose. Check your records, verify the last 4-digits of the social security number and I am 1000% confident that you will come back confirming that it is not [redacted]; which is the last 4-digits of my social security number.
Attached you can see clearly that the Account Review section of my credit report has the permissible purpose reason listed as a "Collection". So if I do not have any collections on my personal credit history, and I do not have an account with Midland Credit or any of its clients that it may collect on under my social security number then I would appreciate knowing why the heck Midland Credit Management is appearing on my credit report for any reason. I spoke in extreme detail with [redacted] regarding this inquiry and they advised me clearly that I would have to have an account with a creditor that is in collections who has possibly assigned my account to Midland Credit Management in order for Midland Credit Management to appear like this on my credit reports.
So what I am saying clearly here to Attorney [redacted], is tell me the reason why Midland Credit Management is on my credit report and show me the proof or at least confirm the last 4-digits of the social security number that Midland Credit Management is using to access my personal credit reports for this so-called "permissible purpose" reason is being allowed. You cannot just write a novel reply and have no point of original with a resolution. Therefore, I am challenging you and your client to check your records and verify the last 4-digits of the social security number that Midland Credit Mangagement is using that allows them permissible purpose for this "collection" inquiry that does not belong to me.I do not care what data [redacted] gave you, I do not care what the reasons why I see it there; I need you to show me proof as to the reasons that would allow Midland Credit Management to appear on my personal credit report when I do not have any collections and one way you can do this is just looking at your records and verifying the last 4-digits of the social security number that you are using to access my personal credit reports.
How hard is this?, and I do not feel I am asking for alot here considering this is my credit, my life I am talking about and I take it very seriously; and I am not easily intimidated by an attorney letter so believe me I am not standing down!!!! Show me the proof in your next reply, tell me the last 4-digits of the social security number in your records that allows the access to my credit report. It's OK if you cannot tell it to me via this portal; but at least you will see it for yourself and no that you DO NOT HAVE THE PERMISSIBLE PURPOSE THAT YOU THINK YOU HAVE!!! Simply speaking ... Just verify the information Attorney [redacted] -- how hard is this of a request?
From where I stand this is not difficult and in a court of law you would be asked to do the same thing. So please check your clients records and I guarantee you that my social security number ending in [redacted] is not in your record clients records and if it is for any reason; I have a right by law to know what the heck you are on my credit reports with permissible purpose labeled as a "collection".My fico scores are well over 790+ on all credit bureaus and I have never had a collection account in my entire life so answer the question as it is being addressed. You wrote your 2 page reply in detail Yes, but no where in your reply confirms, proves or allows Midland Credit Management to appear on my credit report with permissible purpose, and you gainly wrote without proof, or an acknowlegement that you would remove the inquiry nor can you show any permissible purpose so where do you get off writing 2 pages that do not say anything as it so relates to the facts to prove permissible purpose or that you are accessing the correct consumer's personal credit reports????? That's my question.
If Midland Credit Management dig hard enough through their records they will NOT discover my social security number, they do not even know my date of birth so somewhere here you should be able to prove permissible purpose no matter what data was transmitted to you -- the information has to be verified!!! You have the wrong person and Midland Credit Management should not be showing on my credit report and I want the inquiry removed and that's the bottomline. To aide you in your research, the last 4-digits of my social security number is [redacted] as mentioned. Now would you please have your client confirm their records because they have to have a social security number in order to review or access my credit reports whether correct data was given or not.
Check your records and I guarantee you, your client Midland Credit Management DOES NOT HAVE MY SOCIAL SECURITY NUMBER ON FILE!!!!!!!!!!!!!!!!!!!!!!!Secondly, since you keep screaming that your client has not called me, I am attaching a copy of my cellphone; where I have taken a picture of my call log and you will clearly see that telephone # [redacted] has called me several times as of 03/11/2015. My home telephone # is [redacted] that's correct and this is not the number I said they called me on. I reported these excessive telephone calls to the Revdex.com and advised them that the calls were coming in on my cellphone number; which I am not providing to you. You continue to state that they did not call me, but a call log never lies Mr. [redacted]. (See it attached for yourself.)
Now this is not a difficult situation to administer and remedy and I feel that you and Midland Credit Management are taking this matter lightly although you claim that you take Revdex.com complaints seriously; well I will gladly tell you what; this will not be the last letter you reply to because I am taking the matter further if you do not show me the proof that Midland Credit Management has my correct social security number on file that grants them access to my personal credit reports and if they do have my social security number on file I need to know why they are reviewing my credit history and I do not care about all the "why's and why's not" that are not accompanied with a direct answer!
I need proof no matter how you twist it and I am not asking alot here.
1. Confirm the last 4-digits of the social security number that Midland Credit Management has on file that grants them permissible purpose.
2. If it matches my number; in which I know it will not; I need to know why you are attempting to collect on a "collection debt" when in actuality I do not have any collection accounts. I need to know why you are on my credit report period!!!!!!!!!!!!!!!
3. Please cease and resist from copying me by mail on any matters as they so relate to this Revdex.com Complaint. I will only accept communication from you by Revdex.com portal sent as an attachment here at the Revdex.com. I do not want junk mail please. Send replies here for my records and do not directmail me anything!I am waiting on your reply.
Regards,
[redacted]
This business has a collection account under my information that resulted from identity theft. I tried disputing the account with the credit bureaus and without reaching out to me to obtain proof that the debt is not mine, they refused to remove it from my credit file. When they began sending me mail to my current address, which they could have only gotten from the credit bureaus because the person that stole my identity doesn't even know what state I moved to, they were very rude and would not listen. I provided them with the person's name and current phone number that opened the account and they said that they would nitrate the information. Instead they added the phone number that I called from to the fraudulent account and began making collection calls to my cell phone. I am pretty sure that they do not have the legal right to do this. I am completely fed up with this company and am considering suing both them and the person that opened the account. They were so very unhelpful and does not care to resolve the matter of this account not being mine.
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated October 9, 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 is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on December 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 7, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 15, 2012. The balance at the time of purchase was $3,471.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 29, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 8, 2010, as a [redacted]./[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 9, 2014. The balance at the time of purchase was $1,547.19.
[redacted] expresses concern that Midland Credit has attempted to collect the above-referenced debts without taking his situation into account. Midland Credit is sensitive to [redacted]’s situation. However a review of its business records indicates that Midland Credit was never previously made aware of any financial hardships, physical disabilities, or any other reason that would preclude him from being able to work with Midland Credit representatives to resolve the above-referenced accounts.
While Midland Credit continues to service account no. [redacted] directly, a review of its business records indicates that account no. [redacted] was outsourced to the law firm of [redacted] on April 28, 2013. [redacted] is located at [redacted] Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm. The firm has advised that [redacted] has never previously contacted them or responded to attempts to resolve the account.
[redacted] also alleges that Midland Credit and/or [redacted] has taped documents to his residence and blocked his driveway. Midland Credit has only sent letters or attempted phone calls to [redacted]. Similarly, [redacted] advises they acted appropriately in their attempts to contact him. Service of process was completed by posting court documents to [redacted]’s home. However, this was an acceptable form of alternate service which was approved by a judge after [redacted] proved that [redacted] had been avoiding service. A copy of the affidavit of service is enclosed. Please note that it shows that an order was granted authorizing alternative method of service for the summons and complaint. A default judgment was subsequently obtained on March 10, 2014. Since [redacted] failed to make arrangements to resolve the judgment, [redacted] appropriately proceeded to obtain a garnishment.
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. Based on the information available to it, Midland Credit must respectfully conclude that both its representatives and [redacted] have acted appropriately.
Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution for account no. [redacted]. If [redacted] is ready to resolve account no. [redacted], please have him call Account Manager [redacted] at [redacted] She can assist [redacted] 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 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 or unless it is for a specific purpose related to its legal efforts.
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.
Midland stated they do not supply 120 day past due, yet I continue to see 120 days past due on my reports. I have seen this complaint among several others on this website, But yet Midland continues to deny it is supplying the information. I will use this letter to mail to the credit agency as proof that the information is false and needs to be changed.
Regards,
[redacted]
Dear Ms. [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated May 7, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Mr. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response, Mr. [redacted] writes that he would like to take ownership of the account currently being handled by Midland Credit. He also writes that a letter was sent to the original creditor. Please be advised that Midland Credit has not yet received any information regarding Mr. [redacted] from the original creditor.
A review of Midland Credit’s business records indicates that Mr. [redacted] spoke with a representative on September 19, 2013. During that conversation, the representative advised Mr. [redacted] to send in a letter advising Midland Credit of his request to take ownership of the account as well as a copy of his driver’s license and social security card. A fax number was provided to Mr. [redacted] during that conversation.
Since that time, Midland Credit has received emails from Mr. [redacted] requesting to change the social security number on the account, and indicating that he is willing to pay on the account. However, to date, Midland Credit has not received the copies of Mr. [redacted]’s driver’s license and social security card necessary to effect the requested changes. He may still fax the information to (877) 226-9916 or he is also welcome to submit the documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 9, 2016. Midland Credit appreciates the opportunity to answer your questions. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 15, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 5, 2011 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 12, 2012. The balance at the time of purchase was $595.65.
[redacted] states that she has never had a [redacted] credit card and does not know why the account is being reported. Midland Credit sent [redacted] a validation letter on March 25, 2012. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on January 11, 2016. The letter indicated that [redacted] was requesting documentation on an “alleged” debt. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending her a copy of the verification information provided by the seller and a letter on January 22, 2016 advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate.
Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. In addition, Midland Credit acted appropriately in subsequently furnishing information to the three major credit reporting agencies that this account is disputed.
Ms. [redacted] questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. With that said, Midland Credit made the business decision to stop charging interest in December 2014.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account on March 17, 2016. 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 will be 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 Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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 received a detailed letter from an attorney with [redacted] and the dates and information provided by the original creditor to me do not match the information provided in this response from Midland. I have also reviewed by credit reports (pulled FROM the bureaus, not a compiling) and have Midland showing as updating on [redacted] with a Key Derogatory in Feb 2015 and [redacted] showing as Open.
Again, per FCRA 623, I request that Midland delete this tradeline from all three reporting agencies or I will be filing a complaint with the FTC and CFPB.
Regards,
[redacted]
I have tried to pay over half of my debt owed to them but they will not accept payment without proof of income.
Dear [redacted]
Thank you for your follow-up letter inquiry dated February 14, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant account information in its previous letter response to your office dated February 10, 2014. In her follow-up [redacted] writes that Midland Credit is reporting inaccurate information on her consumer credit files, namely listing the account as a “key derogatory.” Please note that Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the credit reporting agencies as required. Midland Credit is not reporting the account as “key derogatory.”
The credit bureaus determine which accounts should be marked as a “key derogatory.” In addition, it is Midland Credit’s understanding that only the consumer can see the notation of “key derogatory.” [redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns regarding the “key derogatory” notation.
[redacted] also requests verification information. Please note that Midland Credit’s position has not changed. However, while not required, a copy of the bill of sale verifying Midland Funding as the rightful owner of the account is enclosed for her records.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
With that said, in keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted]. Please have [redacted] call [redacted], to discuss repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:From: [redacted]Date: Tue, Mar 10, 2015 at 4:52 PMSubject: [redacted] ComplaintTo: "[redacted]
Hello
I am seeing that The complaint has been Administratively Closed
My complaint ID is [redacted]
I am still receiving the following messages ..
I told you before that they are not calling [redacted] they are calling my work cell [redacted] here is a snipping image of the calls still calling every day… I can not believe that you will do nothing about this,, I guess I will need to go other means to get this to stop..
Thank you
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated June 20, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all the relevant account information in its previous letter response to your office dated May 22, 2014.
While not the only item of concern identified within [redacted]’ follow-up complaint, she writes that the payment information provided in Midland Credit’s original response is incorrect. As stated in the previous response; a review of Midland Credit’s business records indicates that on November 25, 2013, settlement was agreed to in which a total of $849.99 was to be made in bi-weekly payments of $49.99. After the first payment was made, on December 13, 2013, the repayment plan was cancelled in favor of a new arrangement, in which a total of $799.84 was to be repaid, with $99.98 down payment, and $49.99 bi-weekly payments. To date, a total of $349.93 has been made towards the $799.84 agreement. While $662.56 is the full balance remaining, [redacted] only has $449.91 left on her settlement. Once the settlement balance has been paid, the remaining balance on the account will be adjusted to zero. However, please note that on March 20, 2014, [redacted] called in and cancelled the repayment plan after she was unable to submit the payment for March. Midland Credit has determined that the above information is correct.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred. Midland Credit’s representatives acted appropriately pursuant to applicable law. Reviewing the conversation that last occurred between a Midland Credit representative and [redacted], the representative was not rude and provided details of the account. When the Midland Credit representative explained to the consumer that Midland Credit is unable to accept a second payment on the same day as a previous one, [redacted] terminated the call after stating that Midland Credit should call her daughter who was paying the account.
Midland Credit remains willing to re-engage [redacted]’ previous plan. The account has been referred to Account Manager [redacted] If [redacted] wishes to re-engage her repayment plan for the remaining $449.91, please have her call [redacted] at [redacted], to discuss repayment options.
In the meantime, per [redacted]’ request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
October 21, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 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 July 23, 2015. Since that time, the above referenced account has become the subject of ongoing contested civil litigation. For that reason, and given the contested nature of the matter, Midland Credit will be addressing the allegations contained in [redacted] complaint as part of the formal litigation process.
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]
I was called to collect a debt by Midland and authorized them to make a one time withdrawal of $472.00 On November 9,2016 which they did. But then they withdrew the same agreed upon amount a second time which I had not authorized on November 10,2016. I called them on the 11th and was told that they had sent the reversal at 3:17 pm November 10th. So I proceeded to to call wellsfargo on November 11th and investigate further and was informed that no such reversal request had occurred. Watch closely when dealing with Midland.
Re: Consumer complaint of [redacted]
mso-add-space: auto">Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 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 December 9, 2009. The balance at the time of purchase was $544.30.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 15, 2009, as a [redacted] Within credit card account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 9, 2009. The balance at the time of purchase was $527.24.
[redacted] expresses a concern that he has not received validation information within a 30 day time period and that Midland Credit reported the accounts without notice or verification of the debt. Pursuant to Midland Credit’s standard business practices, on November 15, 2013, for account no. [redacted] and on December 6, 2013, for account no. [redacted], Midland Credit mailed the initial validation letters 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”). Please note that the letters were mailed to [redacted] at the same address listed within his complaint.
Midland Credit received correspondence requesting validation from [redacted] on June 25, 2015 for both of the above-referenced accounts. Upon receipt of [redacted]’s correspondence, Midland Credit acknowledged his dispute, annotated the accounts as disputed, and ceased collection efforts and reporting of the accounts to the three major credit reporting agencies while it was in the process of verifying the debts. In response, Midland Credit sent [redacted] letters regarding both accounts on July 8, 2015 advising [redacted] that Midland Credit had requested the appropriate documents and would provide a response shortly.
Once Midland Credit received verification information from the seller for both accounts, copies of the verification information for the accounts were sent to [redacted] on or about August 19, 2015. Copies of the verification information provided by the seller for both accounts are enclosed for [redacted]’s records.
As part of the investigation, when [redacted]’s requests for validation were received, Midland Credit appropriately notified the credit reporting agencies to cease its furnishing information for the accounts. In keeping with its Consumer First policy, Midland Credit has made the business decision not to re-report the accounts. Please note that while information for the accounts is not being furnished to the three major credit reporting agencies, they remain due and owing.
If [redacted] is ready to resolve the above-referenced debts, he may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balances.
In the meantime, per [redacted]’s previous request, the above-referenced accounts will remain marked “Direct Mail Only.” [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I the have reviewed 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.
It is with extreme frustration that I must continue this battle and still not get the answers I am looking for. I, therefore, have spent much time looking for and locating old copies of credit reports and old bills from MCM.
I am also concerned and frustrated with the repeated inconsistencies and out right untruths in the previous responses from MCM. Following, I will start by showing exerts from MCM's previous responses which I consider to be these inconsistencies and also show that they are not exactly stating the truth:
- Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. In fact, no correspondence was received from Ms. [redacted] prior to the complaint filed through your office, which cannot be considered timely.
However, these statements show correspondence,
- A review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If Ms. [redacted] is no longer represented by an attorney, please provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
and,
- Regarding Ms. [redacted]’s allegation that the employee told her that Midland Credit would put the account back on her credit after it had been deleted by [redacted], it appears that Ms. [redacted] may have misunderstood the information she was provided.
also,
- Ms. [redacted]’s original complaint she questioned the alleged conduct of certain Midland Credit employees. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable law. The employee in question was not rude and did not use profanity as described by Ms. [redacted].
and,
- Additionally, although Ms. [redacted] writes that she did not tell Midland Credit representatives that she had an attorney, the investigation results found that Ms. [redacted] told the employee that her attorney would call Midland Credit. Ms. [redacted]’s account has been updated to reflect that she states she is not being represented by an attorney.
As far as misunderstanding the employee about putting the charges back on my credit report, definitely not a misunderstanding. That was the proverbial straw that broke the camel's
back, which is what got the Credit Bureau to suggest that I get in touch with the Revdex.com.( He laughed about it! Definitely upset me! )
The above statements not only show correspondence with MCM (before contacting the Revdex.com), but some of the statements show other untruths or plain out lies.
Such as, when I mentioned an employee becoming irate with me and cussing at me, I never mentioned that employee's name nor the date of that occurrence. My question, how did they know who, "the employee in question..." (as stated above) was? I have several statements ranging from 2010 - 2014 with a variety of employees' names on them, several of which I have documented that I did make calls and the dates the calls were made. And again, this does show correspondence with, and untruth by, MCM.
I have also documented that on 9-21-2012 I called MCM and spoke with an employee named [redacted]. All I wrote was, "no information." I immediately called [redacted] and they gave me the number for their charge offs. (1-800-258-9319) I spoke with [redacted] and she was somewhat helpful. She said that she could tell me what the account balance was at the time they sold it, but could not tell me the amount that they sold it for. She explained that these accounts are normally sold at a significantly lower price. She told me the balance of my account at the time it was sold was $69690.00 She stated that it was sold on 9-20-2010. This information also corresponds with the documents that I printed from the Credit Bureau on various dates. My documents show the following:
[redacted] account opened 1-2002
Reported delinquent 1st time - 6-2007
Sold - 9-2010
Balance - $6970.00
Then -
Midland Funding from Credit Bureau Stated -
Opened - 8-25-2010
High balance -$ 11,044.00
Now , this is where it started.
On a statement I have found acknowledging payment received, dated 12-2010 the balance was $10,743.00 Balance from over 11,000 to 10,743.00 in less than 4 months)
This show I began making payments right away. So, when did the interest grow? Although I didn't agree with it, I did want to keep making payments.
On another Credit Bureau report that I have it shows that in the first two years I missed one payment.
Also, from August, 2010 - February, 2014 the balance has gone from $11,044.00 to $6,993.64
My payments have been $100.00 per month except for a few months of paying $125.00
This is 42 months of payments and an average of @ 96.00 per month. I feel this shows I have missed VERY FEW payments since 2010 and still I ask where did the $11,000.00 come from? When could there have possibly been that much interest added? I know my balance from [redacted] at time of sale was > $7,000.00, I began paying MCM immediately and have missed very few payments.
Hence the dilemma!
So, in conclusion, I feel I have shown inconsistencies with MCM's responses, statements that could not possibly be truthful, and that I have the documentation that I do not, nor did I ever, owe over $11,000.00
I can fax any of my documents that you may find helpful. Please just let me know.
Please help me with this! And thank you for your time!
Regards,
[redacted]
October 13, 2015
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 29, 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 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 26, 2012 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 11, 2012. The balance at the time of purchase was $736.29.
A review of Midland Credit’s business records indicates that on December 29, 2013, this account was assigned to [redacted]. located at [redacted]. Their phone number is [redacted] Please note, that the firm has changed its name to the [redacted] but maintains the same contact information.
[redacted] expresses a concern that he paid the debt in full with the understanding that the account would be removed from his credit report. Midland Credit has forwarded a copy of the complaint to the firm, and [redacted] advised that the first initial validation letter was mailed to [redacted] on January 2, 2014. On March 13, 2015, [redacted] mailed [redacted] another letter requesting him to contact their office to discuss a potential settlement offer. When a response was not received, the firm filed suit on June 10, 2015. [redacted] business records indicate on September 8, 2015 [redacted] called the firm and an agreement was reached to pay the account in full for $736.29.
During that call the firm stated that [redacted] inquired with the firm about how the account would credit report and to whom. The firm then advised [redacted] that it only reports information to Midland Credit which furnishes the information regarding his account to the credit reporting agencies. [redacted] was advised that upon resolution of the account, the status of the account would be updated to show the account as being “Paid in Full.” The firm advised that at no point in the conversation did the representative communicate to [redacted] that the account would be deleted from his credit report once paid.
[redacted] desires to have the above-referenced account deleted from his consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which resolved the balance for the account, it is Midland Credit’s policy to furnish accurate account information. 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.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on October 25, 2010. Information provided by the seller,[redacted] at the time of acquisition indicates this account was originated on November 15, 2005 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 September 30, 2009. The balance at the time of purchase was $419.41. The balance due as of May 9, 2014, including interest accrued, is $514.87.
[redacted] indicates that they are not aware of the above-referenced debt, and requests validation. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on October 29, 2010, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received from [redacted] prior to the complaint 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 account to the credit reporting agencies. With that said, Midland Credit stands ready to assist [redacted] in clearing their record if they have 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 they reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry dated July 3, 2014
regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer with the same last name as Mr. [redacted]. During a search for the correct consumer, Mr.
[redacted]’s phone number was provided to Midland Credit representatives by a third
party. In reliance on that information,
Midland Credit attempted to contact the consumer regarding the referenced
account. Please note, Midland Credit had
no information that it was contacting a wrong number for the consumer until
receipt of the complaint through your office.
Regarding
his concerns about credit reporting, a review of Midland Credit’s business
records indicates it is not reporting the referenced account to the three
credit reporting agencies. If Midland
Credit is reporting on Mr. [redacted]’s consumer credit files, please have him
contact Consumer Support Services at (800) 825-8131, ext. [redacted].
Mr.
[redacted] also questions why Midland Credit representatives have not left any
messages informing him of the reason for their call. Please note that
Midland Credit has strict guidelines that its representatives must adhere to
when leaving messages. This policy assists in preventing the inadvertent
disclosure of private consumer information to third parties. Due to those
restrictions, no messages were left.
Mr.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer
system for the referenced account. Mr.
[redacted] will no longer receive calls from Midland Credit representatives
regarding the referenced account.
Additionally, Mr. [redacted]’s telephone number ([redacted]) has been added
to an exclusion list to prevent it from being called in the future.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (800) 825-8131 ext. [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 17, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on January 17, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 29, 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 April 13, 2010. The balance at the time of purchase was $682.88. Final payment on the account was received on March 12, 2013. [redacted] has no further financial obligation for this account.
[redacted] expresses a desire to have the above-referenced account deleted from their consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which settled the balance for the above-referenced account, please note that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred. Its representatives acted appropriately pursuant to applicable law. There is no indication that [redacted] was told the account would be deleted after it was paid.
Additionally, [redacted] was faxed a letter outlining the terms of the settlement agreement prior to making payment. The referenced letter contains the following disclosure: “After receiving your final payment, we will consider the account PAID IN FULL and the three major credit reporting agencies will be updated accordingly.” An exemplar of this letter is enclosed for your reference. Based on this investigation, Midland Credit will continue to accurately report the account as “Account paid in full, was a collection account.”
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
0in 0pt" class="MsoNormal">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 9, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted] which are being reported to the credit reporting agencies. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 12, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on January 23, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 18, 2009. The balance at the time of purchase was $711.93.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 26, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on June 24, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2009. The balance at the time of purchase was $265.33.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on January 13, 2011. 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 8890, in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 6, 2009. The balance at the time of purchase was $503.34.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit mailed [redacted] separate and unique validation letters – on October 11, 2009, for account no. [redacted] on November 12, 2009 for account no. [redacted], and on January 21, 2011, for account no. [redacted]. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] with regard to account no. [redacted] on February 26, 2015 and with regard to account no. [redacted] on January 30, 2015. No correspondence was received directly from [redacted] with regard to account no. [redacted] prior to the complaint filed through your office. None of these can be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such 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 account to the three major credit reporting agencies.
Although the request is not timely, a copy of the verification information provided by the seller for account no. [redacted] is enclosed for [redacted]’s records. If [redacted] is ready to resolve these debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as resolve 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]
Enclosure
Dear 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 because Attorney [redacted] never mentions a resolution. Attorney [redacted] clearly indicates that Midland Credit Management has permissible purpose when they do not have permissible purpose. I want the proof that they have permissible purpose. Check your records, verify the last 4-digits of the social security number and I am 1000% confident that you will come back confirming that it is not [redacted]; which is the last 4-digits of my social security number.
Attached you can see clearly that the Account Review section of my credit report has the permissible purpose reason listed as a "Collection". So if I do not have any collections on my personal credit history, and I do not have an account with Midland Credit or any of its clients that it may collect on under my social security number then I would appreciate knowing why the heck Midland Credit Management is appearing on my credit report for any reason. I spoke in extreme detail with [redacted] regarding this inquiry and they advised me clearly that I would have to have an account with a creditor that is in collections who has possibly assigned my account to Midland Credit Management in order for Midland Credit Management to appear like this on my credit reports.
So what I am saying clearly here to Attorney [redacted], is tell me the reason why Midland Credit Management is on my credit report and show me the proof or at least confirm the last 4-digits of the social security number that Midland Credit Management is using to access my personal credit reports for this so-called "permissible purpose" reason is being allowed. You cannot just write a novel reply and have no point of original with a resolution. Therefore, I am challenging you and your client to check your records and verify the last 4-digits of the social security number that Midland Credit Mangagement is using that allows them permissible purpose for this "collection" inquiry that does not belong to me.I do not care what data [redacted] gave you, I do not care what the reasons why I see it there; I need you to show me proof as to the reasons that would allow Midland Credit Management to appear on my personal credit report when I do not have any collections and one way you can do this is just looking at your records and verifying the last 4-digits of the social security number that you are using to access my personal credit reports.
How hard is this?, and I do not feel I am asking for alot here considering this is my credit, my life I am talking about and I take it very seriously; and I am not easily intimidated by an attorney letter so believe me I am not standing down!!!! Show me the proof in your next reply, tell me the last 4-digits of the social security number in your records that allows the access to my credit report. It's OK if you cannot tell it to me via this portal; but at least you will see it for yourself and no that you DO NOT HAVE THE PERMISSIBLE PURPOSE THAT YOU THINK YOU HAVE!!! Simply speaking ... Just verify the information Attorney [redacted] -- how hard is this of a request?
From where I stand this is not difficult and in a court of law you would be asked to do the same thing. So please check your clients records and I guarantee you that my social security number ending in [redacted] is not in your record clients records and if it is for any reason; I have a right by law to know what the heck you are on my credit reports with permissible purpose labeled as a "collection".My fico scores are well over 790+ on all credit bureaus and I have never had a collection account in my entire life so answer the question as it is being addressed. You wrote your 2 page reply in detail Yes, but no where in your reply confirms, proves or allows Midland Credit Management to appear on my credit report with permissible purpose, and you gainly wrote without proof, or an acknowlegement that you would remove the inquiry nor can you show any permissible purpose so where do you get off writing 2 pages that do not say anything as it so relates to the facts to prove permissible purpose or that you are accessing the correct consumer's personal credit reports????? That's my question.
If Midland Credit Management dig hard enough through their records they will NOT discover my social security number, they do not even know my date of birth so somewhere here you should be able to prove permissible purpose no matter what data was transmitted to you -- the information has to be verified!!! You have the wrong person and Midland Credit Management should not be showing on my credit report and I want the inquiry removed and that's the bottomline. To aide you in your research, the last 4-digits of my social security number is [redacted] as mentioned. Now would you please have your client confirm their records because they have to have a social security number in order to review or access my credit reports whether correct data was given or not.
Check your records and I guarantee you, your client Midland Credit Management DOES NOT HAVE MY SOCIAL SECURITY NUMBER ON FILE!!!!!!!!!!!!!!!!!!!!!!!Secondly, since you keep screaming that your client has not called me, I am attaching a copy of my cellphone; where I have taken a picture of my call log and you will clearly see that telephone # [redacted] has called me several times as of 03/11/2015. My home telephone # is [redacted] that's correct and this is not the number I said they called me on. I reported these excessive telephone calls to the Revdex.com and advised them that the calls were coming in on my cellphone number; which I am not providing to you. You continue to state that they did not call me, but a call log never lies Mr. [redacted]. (See it attached for yourself.)
Now this is not a difficult situation to administer and remedy and I feel that you and Midland Credit Management are taking this matter lightly although you claim that you take Revdex.com complaints seriously; well I will gladly tell you what; this will not be the last letter you reply to because I am taking the matter further if you do not show me the proof that Midland Credit Management has my correct social security number on file that grants them access to my personal credit reports and if they do have my social security number on file I need to know why they are reviewing my credit history and I do not care about all the "why's and why's not" that are not accompanied with a direct answer!
I need proof no matter how you twist it and I am not asking alot here.
1. Confirm the last 4-digits of the social security number that Midland Credit Management has on file that grants them permissible purpose.
2. If it matches my number; in which I know it will not; I need to know why you are attempting to collect on a "collection debt" when in actuality I do not have any collection accounts. I need to know why you are on my credit report period!!!!!!!!!!!!!!!
3. Please cease and resist from copying me by mail on any matters as they so relate to this Revdex.com Complaint. I will only accept communication from you by Revdex.com portal sent as an attachment here at the Revdex.com. I do not want junk mail please. Send replies here for my records and do not directmail me anything!I am waiting on your reply.
Regards,
[redacted]
This business has a collection account under my information that resulted from identity theft. I tried disputing the account with the credit bureaus and without reaching out to me to obtain proof that the debt is not mine, they refused to remove it from my credit file. When they began sending me mail to my current address, which they could have only gotten from the credit bureaus because the person that stole my identity doesn't even know what state I moved to, they were very rude and would not listen. I provided them with the person's name and current phone number that opened the account and they said that they would nitrate the information. Instead they added the phone number that I called from to the fraudulent account and began making collection calls to my cell phone. I am pretty sure that they do not have the legal right to do this. I am completely fed up with this company and am considering suing both them and the person that opened the account. They were so very unhelpful and does not care to resolve the matter of this account not being mine.
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated October 9, 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 is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on December 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 7, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 15, 2012. The balance at the time of purchase was $3,471.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 29, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 8, 2010, as a [redacted]./[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 9, 2014. The balance at the time of purchase was $1,547.19.
[redacted] expresses concern that Midland Credit has attempted to collect the above-referenced debts without taking his situation into account. Midland Credit is sensitive to [redacted]’s situation. However a review of its business records indicates that Midland Credit was never previously made aware of any financial hardships, physical disabilities, or any other reason that would preclude him from being able to work with Midland Credit representatives to resolve the above-referenced accounts.
While Midland Credit continues to service account no. [redacted] directly, a review of its business records indicates that account no. [redacted] was outsourced to the law firm of [redacted] on April 28, 2013. [redacted] is located at [redacted] Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm. The firm has advised that [redacted] has never previously contacted them or responded to attempts to resolve the account.
[redacted] also alleges that Midland Credit and/or [redacted] has taped documents to his residence and blocked his driveway. Midland Credit has only sent letters or attempted phone calls to [redacted]. Similarly, [redacted] advises they acted appropriately in their attempts to contact him. Service of process was completed by posting court documents to [redacted]’s home. However, this was an acceptable form of alternate service which was approved by a judge after [redacted] proved that [redacted] had been avoiding service. A copy of the affidavit of service is enclosed. Please note that it shows that an order was granted authorizing alternative method of service for the summons and complaint. A default judgment was subsequently obtained on March 10, 2014. Since [redacted] failed to make arrangements to resolve the judgment, [redacted] appropriately proceeded to obtain a garnishment.
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. Based on the information available to it, Midland Credit must respectfully conclude that both its representatives and [redacted] have acted appropriately.
Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution for account no. [redacted]. If [redacted] is ready to resolve account no. [redacted], please have him call Account Manager [redacted] at [redacted] She can assist [redacted] 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 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 or unless it is for a specific purpose related to its legal efforts.
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.
Midland stated they do not supply 120 day past due, yet I continue to see 120 days past due on my reports. I have seen this complaint among several others on this website, But yet Midland continues to deny it is supplying the information. I will use this letter to mail to the credit agency as proof that the information is false and needs to be changed.
Regards,
[redacted]
Dear Ms. [redacted]:
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Thank you for your letter inquiry dated May 7, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Mr. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response, Mr. [redacted] writes that he would like to take ownership of the account currently being handled by Midland Credit. He also writes that a letter was sent to the original creditor. Please be advised that Midland Credit has not yet received any information regarding Mr. [redacted] from the original creditor.
A review of Midland Credit’s business records indicates that Mr. [redacted] spoke with a representative on September 19, 2013. During that conversation, the representative advised Mr. [redacted] to send in a letter advising Midland Credit of his request to take ownership of the account as well as a copy of his driver’s license and social security card. A fax number was provided to Mr. [redacted] during that conversation.
Since that time, Midland Credit has received emails from Mr. [redacted] requesting to change the social security number on the account, and indicating that he is willing to pay on the account. However, to date, Midland Credit has not received the copies of Mr. [redacted]’s driver’s license and social security card necessary to effect the requested changes. He may still fax the information to (877) 226-9916 or he is also welcome to submit the documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 9, 2016. Midland Credit appreciates the opportunity to answer your questions. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 15, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 5, 2011 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 12, 2012. The balance at the time of purchase was $595.65.
[redacted] states that she has never had a [redacted] credit card and does not know why the account is being reported. Midland Credit sent [redacted] a validation letter on March 25, 2012. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on January 11, 2016. The letter indicated that [redacted] was requesting documentation on an “alleged” debt. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending her a copy of the verification information provided by the seller and a letter on January 22, 2016 advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate.
Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. In addition, Midland Credit acted appropriately in subsequently furnishing information to the three major credit reporting agencies that this account is disputed.
Ms. [redacted] questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. With that said, Midland Credit made the business decision to stop charging interest in December 2014.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account on March 17, 2016. 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 will be 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 Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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 received a detailed letter from an attorney with [redacted] and the dates and information provided by the original creditor to me do not match the information provided in this response from Midland. I have also reviewed by credit reports (pulled FROM the bureaus, not a compiling) and have Midland showing as updating on [redacted] with a Key Derogatory in Feb 2015 and [redacted] showing as Open.
Again, per FCRA 623, I request that Midland delete this tradeline from all three reporting agencies or I will be filing a complaint with the FTC and CFPB.
Regards,
[redacted]