font-size: medium;">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 3, 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 November 21, 2013. Information provided by the seller, [redacted], at the time of
acquisition indicates this account was originated on June 2, 2000, 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 29, 2012. The balance at the time of purchase was $640.78.
A
review of Midland Credit’s business records indicates that on February 16, 2014,
this account was outsourced to the law firm of [redacted] located at [redacted] Their phone number is [redacted]. Final payment on the account was received by
Midland Credit on June 19, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a desire to have the above-referenced account deleted from
his consumer credit files since the debt has been repaid. While Midland Credit is pleased that [redacted] was able to assist Mr. Gagliano in reaching a resolution which resolved the
balance of the account, it is Midland Credit’s policy to report all accounts
accurately. A review of Midland Credit’s
business records indicates that it is accurately reporting the above-referenced
account as “Account paid in full, was a
collection account.” If Midland
Credit were to delete the account, its correct and accurate status would not be
reflected.
Midland
Credit considers consumer complaints a serious matter, and fully respects consumers’
rights. Midland Credit apologizes for
the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
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.
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They are not telling the truth about the story. They promised to delete the account. They told me anything I want to hear just so they can take the payment from me. Now they are not keeping their word.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID[redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Roman">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 16, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 29, 2008, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 18, 2010. The balance at the time of purchase was $1,093.59.
While not the only item of concern, [redacted] writes that when she contacted the original creditor, the representative advised her that no information could be provided. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] further expresses a concern that she is not familiar with the account. On July 22, 2010, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. 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.
[redacted]’s letter references a requirement that the original creditor respond to her dispute within 30 days, and that the account was inappropriately transferred to Midland Funding. If [redacted] has further information as to when she disputed the account with the original creditor, or documentation establishing her initial dispute, Midland Credit respectfully requests that [redacted] forward such information so that it may investigate the matter further.
With that said, as [redacted] writes that the account may have been opened by her ex-husband, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she 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. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Per [redacted]’s request for collection attempts to cease, 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.
Additionally, [redacted] references phone number [redacted] as a ‘[redacted]’ phone number that is no longer valid. While neither Midland Funding nor Midland Credit have any affiliation with a [redacted], the phone number [redacted] is valid phone number in use by Midland Credit.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which...
Midland Credit Management, Inc. (“Midland Credit”) received December 21, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 1, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account originated on December 12, 2007, as a [redacted] credit card account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt on April 16, 2012. The balance at the time of purchase was $2,458.33.
[redacted] writes that there is no signed contract with Midland Funding or its servicer, Midland Credit. Consumers are sometimes unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] expresses a concern that he has not received anything indicating that he owes money to Midland Credit. On May 16, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on August 16, 2016. In response, a letter was sent to [redacted] on August 19, 2016, along with a copy of the verification information provided by the seller.
Midland Credit received a subsequent letter from [redacted] on September 22, 2016. As verification information had recently been sent to [redacted], Midland Credit responded with a letter requesting he provide more information regarding the basis of his dispute. Midland Credit received an additional letter from [redacted] on November 1, 2016. Midland Credit once again responded requesting that he provide additional information regarding his concerns.
A copy of the verification information provided by the seller is once again enclosed for [redacted]’ records. 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. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. [redacted] may call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
Per [redacted]’ previous request to no longer receive communication, the above-referenced account will remain marked “Cease and Desist.” While the account remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
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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
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 26, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 14, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 14, 2013. The current balance is $997.94.
[redacted] expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted]’s concern Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC. Midland Credit has been accurately reporting the above-referenced account to the credit reporting agencies.
With that said, Midland Credit has made the business decision to cease reporting the above-referenced account. The three credit reporting agencies have been notified to delete all reference to the account in question from [redacted]’s consumer credit files.
However, the cessation of credit reporting does not mean the debt is no longer valid. The above-referenced account continues to reflect an unpaid status in Midland Credit’s files. A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the 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.
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.
no I didn't file police report in regards to this account. Which I just now finding out about this. I did send a dispute letter to midland credit services. It stated same information that I advised Revdex.com. I wanted to settled the account in the amount of 300.00. I never received a respose However, I am still disputing the account. I also wanted it deleted from from report. If you not willing delete from credit report my will offer will stand 300.00. You can send me a email or mail if willing to take the 300.00 offer.
Regards,
[redacted]
Thank you for your follow-up letter regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 2, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] continues to express concern that Midland Credit has failed to provide
her with validation of the debt. As
stated in its previous response, [redacted] request for validation was
untimely. With that said, a copy of the documentation provided by the seller is
enclosed for [redacted] records. Please
note that the verification information provided by the seller meets the
requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment
history, and a full set of billing statements are not required under the FDCPA.
Chaudhry v. Gallerizzo, 174 F.3d 394
(4th Cir. 1999).
[redacted] also indicates that as she was divorced in 2009, and may not be
responsible for the debt. Please note that a divorce decree alone does
not transfer responsibility of the debt to another party. However, if [redacted] has documentation in
addition to a divorce decree which would indicate that she is no longer the
responsible party for this debt, please have her forward it to the address on
this letterhead. Alternatively, [redacted] may contact Midland Credit’s Consumer Support Services Department at [redacted] should she have any further questions.
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] dispute and will be resuming regular
collection activities as allowed by the [redacted] Finance Code and/or the Fair
Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her
account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as
well as resolve the account balance.
Per [redacted] previous request, the above-referenced account will remain marked
“Cease and Desist.” While it remains due
and owing, [redacted] will continue to not receive correspondence or calls from
Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
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 zero communication from Midland regarding these three accounts. Midland claims that dunning notices were sent to my correct address at various times in 2012 and 2013, yet they are reporting an incorrect address on my reports. Midland updated the accounts with the three credit reporting agencies ([redacted], and [redacted]) on 8/16/14. These three Midland accounts are still showing to be connected to an address in [redacted].
I have yet to see any proof that the original dunning notices were sent to my correct address (which is reporting on all three credit reports). Therefor, I could not reasonably send debt validation letters to Midland in a timely manner. Please read:
These cases have coalesced around the proposition that "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006); see also Mahon v. Credit Bureau of Placer County, 171 F.3d 1197, 1201-02 (9th Cir. 1999).
Dear [redacted]
0in 0pt;" class="MsoBodyText3">Thank you for your letter inquiry dated September 11, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 19, 2008. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on January 10, 2004 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 12, 2008. The balance at the time of purchase was $634.44. Final payment on the account was received on July 31, 2014. [redacted] has no further financial obligation for this account.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees, stating that she was advised the above-referenced account would be deleted if she paid. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred. A review of Midland Credit’s business records indicates that when asked about whether the account would be deleted in exchange for payment, the Midland Credit representative correctly advised of Midland Credit’s reporting policy, stating that the account would not be deleted.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to delete the account from [redacted] consumer credit files. The three credit-reporting agencies have been be notified to delete all reference to the account in question from [redacted] consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
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]
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
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.
First of all, Midland Funding never ceased collection activity of this account during the validation period, and credit bureau reporting is considered collection activity. Just to recap, on May 15, 2014 Midland Funding received my certified letter requesting validation of a debt that I first discovered on my credit report recently. I followed that discovery by requesting validation of the debt they claim I owe. Not only did I not receive their response, but they never ceased collection activity. According to FDCPA section 809(b) creditor MUST cease collection activity until they have verified account in question. This never happened, therefore, I am respectfully requesting that Midlant Funding do the right thing and delete this account that is now illegally reporting on my credit. However, I would like this matter resolved with the bureau rather than take legal action and present this case in a courtroom before a jury in my community.
Regards,
[redacted]
inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 2, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 18, 2012.
Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 10, 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 May 16, 2012. The balance at the time of purchase was $525.78.
[redacted] expresses a concern that she did not receive a notice 30 days prior to the account being placed on her credit report, and that she never received contact from Midland Credit.
On July 29, 2012, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service.
The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692.
In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter.
Midland Credit received a notice of dispute from the credit reporting agencies on January 23, 2016.
In response, a copy of the verification information provided by the seller was sent to [redacted] on February 3, 2016.
Midland Credit continued to receive notices of dispute from the credit reporting agencies, and once again sent [redacted] a copy of the verification information on March 9, 2016, and October 20, 2016.
A copy of the verification information is once again enclosed for [redacted] records.
Additionally, in response to each notice received from the credit reporting agencies, Midland Credit verified the information being furnished is accurate.
[redacted] expresses a concern regarding the open date appearing on her credit report.
While Midland Credit is sensitive to [redacted] concern, Midland Credit does not alter or modify any of the original account information provided by the seller,
such as the name of the consumer, the date of origination, or the date of occurrence.
Midland Credit furnishes account information on the accounts it services based on the business records maintained by the original lender/seller.
The open date listed on [redacted] credit report is in fact the date of purchase by Midland Funding.
In accordance with the Credit Reporting Resource Guide produced by the [redacted],
the open date being furnished for this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If [redacted] is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.
Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated January 26, 2015, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] writes that although Midland Credit stated in its previous response that the account would be removed from his consumer credit files, it has appeared on credit reports which he has recently received. As advised, Midland Credit did take the steps necessary to have the account removed from [redacted]’s consumer credit files at the time of its previous response. If this account has appeared on his credit file again, Midland Credit will again take the necessary steps to have the account removed. In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account altogether. There will be no further collection activity, credit reporting or sale of this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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
font-family: 'Times New Roman';">Thank you for your letter inquiry dated August 13, 2014,
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on July 21, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this
account was originated on November 12, 2006 as
a [redacted] account number
ending in [redacted], in the name of [redacted] [redacted], under
the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on October 13, 2008. The balance at the time of purchase was $490.72.
On
July 31, 2011, Midland Credit mailed [redacted] a validation letter, which
informed him that Midland Funding had acquired the account, and of his rights
pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to the
same address listed within [redacted]’s complaint via the United States Postal
Service, and was not returned as “undeliverable” – satisfying the requirements
set forth within the FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. In fact, no correspondence was received
directly from [redacted] prior to the complaint filed through your office,
which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
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.
[redacted]
expresses a concern that he told [redacted] to disconnect and terminate his
service in October of 2006. However, as
indicated above, the account was opened in November of 2006. Additionally, a review of Midland Credit’s
business records indicates that in a phone conversation on February 23, 2013,
[redacted] advised a Midland Credit representative that he had paid this debt
in 2008. Further review of its business
records indicates no supporting documentation of the debt being paid prior to
its sale to Midland Funding has been received by Midland Credit.
With
that said, Midland Credit stands ready to assist [redacted] in clearing his
record if Midland Credit is somehow attempting to collect an account which was
resolved prior to Midland Credit becoming the servicer, and requests that he
provide documentation or evidence which substantiates [redacted]’s claim. [redacted] may forward the appropriate
documentation to Consumer Support Services at the address on this letterhead.
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.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.[the social security number listed does not belong to me]
Regards,
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 10, 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 December 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 21, 2003 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 28, 2009. The balance at the time of purchase was $11,849.18.
Shortly after Midland Funding acquired the above-referenced account, Midland Credit sent a validation letter to [redacted] on January 14, 2013. Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the Fair Debt Collection Practices Act (hereinafter “FDCPA”) were satisfied.
In said letter, Midland Credit informed [redacted] that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate it did not receive any correspondence from [redacted] in response to the letter.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Although a review of Midland Credit’s business records indicates that it did receive notices from the credit reporting agencies of a possible dispute beginning on December 12, 2013, it has not received any correspondence from [redacted] pursuant to the [redacted] Finance Code. 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.
[redacted] writes that Midland Credit will not honor his cease all contact request. Please note that [redacted]’s complaint is the first notice Midland Credit received that he wished to cease all contact. 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 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 our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated May 2, 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 is the servicer of the five accounts belonging to [redacted] mentioned in his complaint.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on December 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 8, 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 June 29, 2009. The balance at the time of purchase was $477.92.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding on November 24, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 31, 2006 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 20, 2009. The balance at the time of purchase was $493.69.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on December 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 1, 2005 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 August 31, 2009. The balance at the time of purchase was $325.94.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 12, 2006 as a [redacted]. credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 10, 2009. The balance at the time of purchase was $2,679.29.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on November 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 30, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 18, 2009. The balance at the time of purchase was $1,625.01.
[redacted] questions whether the above-referenced accounts may be reported on his consumer credit files, due to an order issued by the Federal Trade Commission (“FTC”), which he states applies to the credit reporting of the above-referenced accounts.
Midland Credit has reviewed the above-referenced account information and a copy of FTC order 1:08-CV-1976-BBM-RGV. Please note that the FTC’s order was against the [redacted] and [redacted] and provided restitution payments to certain defined consumers. None of the above-referenced accounts were from an issuer affected by that order, and it therefore does not apply to [redacted]’s accounts. Even if it did apply, the FTC’s order does not render all accounts ever issued by those entities invalid or unenforceable. Part II of the FTC order provides that only affected accounts in which the restitution payments were greater than the balance due were to be removed from a consumer’s credit files. Accounts in which a balance remained after an adjustment for restitution payments were allowed to be updated in the consumer’s credit files under the FTC order.
Regarding [redacted]’s concerns that the account are more than eight to ten years old, a review of Midland Credit’s business records indicates that the seven-year Federal Reporting period has not expired for any of the above-referenced accounts. The seven-year Federal Reporting period will expire in December 2015 for account no. [redacted], in September 2015 for account no. [redacted] in February 2016 for account no. [redacted], in January 2016 for account no. [redacted], and in November 2015 for account no. [redacted]. Please note that this does not extinguish the debt; rather, it prevents the account from being reported to the credit reporting agencies. The accounts will still remain collectible, due and owing to Midland Credit.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debts, he may qualify for a reduction in his account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching resolutions that will be both beneficial to him, as well as settle the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs & Compliance
[redacted]
Dear [redacted]
font-size: medium;">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 3, 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 November 21, 2013. Information provided by the seller, [redacted], at the time of
acquisition indicates this account was originated on June 2, 2000, 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 29, 2012. The balance at the time of purchase was $640.78.
A
review of Midland Credit’s business records indicates that on February 16, 2014,
this account was outsourced to the law firm of [redacted] located at [redacted] Their phone number is [redacted]. Final payment on the account was received by
Midland Credit on June 19, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a desire to have the above-referenced account deleted from
his consumer credit files since the debt has been repaid. While Midland Credit is pleased that [redacted] was able to assist Mr. Gagliano in reaching a resolution which resolved the
balance of the account, it is Midland Credit’s policy to report all accounts
accurately. A review of Midland Credit’s
business records indicates that it is accurately reporting the above-referenced
account as “Account paid in full, was a
collection account.” If Midland
Credit were to delete the account, its correct and accurate status would not be
reflected.
Midland
Credit considers consumer complaints a serious matter, and fully respects consumers’
rights. Midland Credit apologizes for
the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
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.
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They are not telling the truth about the story. They promised to delete the account. They told me anything I want to hear just so they can take the payment from me. Now they are not keeping their word.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID[redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Roman">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 16, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 29, 2008, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 18, 2010. The balance at the time of purchase was $1,093.59.
While not the only item of concern, [redacted] writes that when she contacted the original creditor, the representative advised her that no information could be provided. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] further expresses a concern that she is not familiar with the account. On July 22, 2010, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. 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.
[redacted]’s letter references a requirement that the original creditor respond to her dispute within 30 days, and that the account was inappropriately transferred to Midland Funding. If [redacted] has further information as to when she disputed the account with the original creditor, or documentation establishing her initial dispute, Midland Credit respectfully requests that [redacted] forward such information so that it may investigate the matter further.
With that said, as [redacted] writes that the account may have been opened by her ex-husband, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she 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. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Per [redacted]’s request for collection attempts to cease, 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.
Additionally, [redacted] references phone number [redacted] as a ‘[redacted]’ phone number that is no longer valid. While neither Midland Funding nor Midland Credit have any affiliation with a [redacted], the phone number [redacted] is valid phone number in use by Midland Credit.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which...
Midland Credit Management, Inc. (“Midland Credit”) received December 21, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 1, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account originated on December 12, 2007, as a [redacted] credit card account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt on April 16, 2012. The balance at the time of purchase was $2,458.33.
[redacted] writes that there is no signed contract with Midland Funding or its servicer, Midland Credit. Consumers are sometimes unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] expresses a concern that he has not received anything indicating that he owes money to Midland Credit. On May 16, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on August 16, 2016. In response, a letter was sent to [redacted] on August 19, 2016, along with a copy of the verification information provided by the seller.
Midland Credit received a subsequent letter from [redacted] on September 22, 2016. As verification information had recently been sent to [redacted], Midland Credit responded with a letter requesting he provide more information regarding the basis of his dispute. Midland Credit received an additional letter from [redacted] on November 1, 2016. Midland Credit once again responded requesting that he provide additional information regarding his concerns.
A copy of the verification information provided by the seller is once again enclosed for [redacted]’ records. 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. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. [redacted] may call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
Per [redacted]’ previous request to no longer receive communication, the above-referenced account will remain marked “Cease and Desist.” While the account remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 26, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 14, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 14, 2013. The current balance is $997.94.
[redacted] expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted]’s concern Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC. Midland Credit has been accurately reporting the above-referenced account to the credit reporting agencies.
With that said, Midland Credit has made the business decision to cease reporting the above-referenced account. The three credit reporting agencies have been notified to delete all reference to the account in question from [redacted]’s consumer credit files.
However, the cessation of credit reporting does not mean the debt is no longer valid. The above-referenced account continues to reflect an unpaid status in Midland Credit’s files. A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the 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.
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.
no I didn't file police report in regards to this account. Which I just now finding out about this. I did send a dispute letter to midland credit services. It stated same information that I advised Revdex.com. I wanted to settled the account in the amount of 300.00. I never received a respose However, I am still disputing the account. I also wanted it deleted from from report. If you not willing delete from credit report my will offer will stand 300.00. You can send me a email or mail if willing to take the 300.00 offer.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 2, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] continues to express concern that Midland Credit has failed to provide
her with validation of the debt. As
stated in its previous response, [redacted] request for validation was
untimely. With that said, a copy of the documentation provided by the seller is
enclosed for [redacted] records. Please
note that the verification information provided by the seller meets the
requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment
history, and a full set of billing statements are not required under the FDCPA.
Chaudhry v. Gallerizzo, 174 F.3d 394
(4th Cir. 1999).
[redacted] also indicates that as she was divorced in 2009, and may not be
responsible for the debt. Please note that a divorce decree alone does
not transfer responsibility of the debt to another party. However, if [redacted] has documentation in
addition to a divorce decree which would indicate that she is no longer the
responsible party for this debt, please have her forward it to the address on
this letterhead. Alternatively, [redacted] may contact Midland Credit’s Consumer Support Services Department at [redacted] should she have any further questions.
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] dispute and will be resuming regular
collection activities as allowed by the [redacted] Finance Code and/or the Fair
Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her
account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as
well as resolve the account balance.
Per [redacted] previous request, the above-referenced account will remain marked
“Cease and Desist.” While it remains due
and owing, [redacted] will continue to not receive correspondence or calls from
Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
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 zero communication from Midland regarding these three accounts. Midland claims that dunning notices were sent to my correct address at various times in 2012 and 2013, yet they are reporting an incorrect address on my reports. Midland updated the accounts with the three credit reporting agencies ([redacted], and [redacted]) on 8/16/14. These three Midland accounts are still showing to be connected to an address in [redacted].
I have yet to see any proof that the original dunning notices were sent to my correct address (which is reporting on all three credit reports). Therefor, I could not reasonably send debt validation letters to Midland in a timely manner. Please read:
These cases have coalesced around the proposition that "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006); see also Mahon v. Credit Bureau of Placer County, 171 F.3d 1197, 1201-02 (9th Cir. 1999).
Regards,
[redacted]
Dear [redacted]
0in 0pt;" class="MsoBodyText3">Thank you for your letter inquiry dated September 11, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 19, 2008. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on January 10, 2004 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 12, 2008. The balance at the time of purchase was $634.44. Final payment on the account was received on July 31, 2014. [redacted] has no further financial obligation for this account.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees, stating that she was advised the above-referenced account would be deleted if she paid. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred. A review of Midland Credit’s business records indicates that when asked about whether the account would be deleted in exchange for payment, the Midland Credit representative correctly advised of Midland Credit’s reporting policy, stating that the account would not be deleted.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to delete the account from [redacted] consumer credit files. The three credit-reporting agencies have been be notified to delete all reference to the account in question from [redacted] consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
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]
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
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.
First of all, Midland Funding never ceased collection activity of this account during the validation period, and credit bureau reporting is considered collection activity. Just to recap, on May 15, 2014 Midland Funding received my certified letter requesting validation of a debt that I first discovered on my credit report recently. I followed that discovery by requesting validation of the debt they claim I owe. Not only did I not receive their response, but they never ceased collection activity. According to FDCPA section 809(b) creditor MUST cease collection activity until they have verified account in question. This never happened, therefore, I am respectfully requesting that Midlant Funding do the right thing and delete this account that is now illegally reporting on my credit. However, I would like this matter resolved with the bureau rather than take legal action and present this case in a courtroom before a jury in my community.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter...
inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 2, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 18, 2012.
Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 10, 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 May 16, 2012. The balance at the time of purchase was $525.78.
[redacted] expresses a concern that she did not receive a notice 30 days prior to the account being placed on her credit report, and that she never received contact from Midland Credit.
On July 29, 2012, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service.
The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692.
In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter.
Midland Credit received a notice of dispute from the credit reporting agencies on January 23, 2016.
In response, a copy of the verification information provided by the seller was sent to [redacted] on February 3, 2016.
Midland Credit continued to receive notices of dispute from the credit reporting agencies, and once again sent [redacted] a copy of the verification information on March 9, 2016, and October 20, 2016.
A copy of the verification information is once again enclosed for [redacted] records.
Additionally, in response to each notice received from the credit reporting agencies, Midland Credit verified the information being furnished is accurate.
[redacted] expresses a concern regarding the open date appearing on her credit report.
While Midland Credit is sensitive to [redacted] concern, Midland Credit does not alter or modify any of the original account information provided by the seller,
such as the name of the consumer, the date of origination, or the date of occurrence.
Midland Credit furnishes account information on the accounts it services based on the business records maintained by the original lender/seller.
The open date listed on [redacted] credit report is in fact the date of purchase by Midland Funding.
In accordance with the Credit Reporting Resource Guide produced by the [redacted],
the open date being furnished for this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If [redacted] is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.
Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
February 9, 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]
Dear [redacted]
Thank you for your follow-up letter inquiry dated January 26, 2015, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] writes that although Midland Credit stated in its previous response that the account would be removed from his consumer credit files, it has appeared on credit reports which he has recently received. As advised, Midland Credit did take the steps necessary to have the account removed from [redacted]’s consumer credit files at the time of its previous response. If this account has appeared on his credit file again, Midland Credit will again take the necessary steps to have the account removed. In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account altogether. There will be no further collection activity, credit reporting or sale of this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]:
font-family: 'Times New Roman';">Thank you for your letter inquiry dated August 13, 2014,
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on July 21, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this
account was originated on November 12, 2006 as
a [redacted] account number
ending in [redacted], in the name of [redacted] [redacted], under
the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on October 13, 2008. The balance at the time of purchase was $490.72.
On
July 31, 2011, Midland Credit mailed [redacted] a validation letter, which
informed him that Midland Funding had acquired the account, and of his rights
pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to the
same address listed within [redacted]’s complaint via the United States Postal
Service, and was not returned as “undeliverable” – satisfying the requirements
set forth within the FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. In fact, no correspondence was received
directly from [redacted] prior to the complaint filed through your office,
which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
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.
[redacted]
expresses a concern that he told [redacted] to disconnect and terminate his
service in October of 2006. However, as
indicated above, the account was opened in November of 2006. Additionally, a review of Midland Credit’s
business records indicates that in a phone conversation on February 23, 2013,
[redacted] advised a Midland Credit representative that he had paid this debt
in 2008. Further review of its business
records indicates no supporting documentation of the debt being paid prior to
its sale to Midland Funding has been received by Midland Credit.
With
that said, Midland Credit stands ready to assist [redacted] in clearing his
record if Midland Credit is somehow attempting to collect an account which was
resolved prior to Midland Credit becoming the servicer, and requests that he
provide documentation or evidence which substantiates [redacted]’s claim. [redacted] may forward the appropriate
documentation to Consumer Support Services at the address on this letterhead.
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.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.[the social security number listed does not belong to me]
Regards,
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 10, 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 December 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 21, 2003 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 28, 2009. The balance at the time of purchase was $11,849.18.
Shortly after Midland Funding acquired the above-referenced account, Midland Credit sent a validation letter to [redacted] on January 14, 2013. Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the Fair Debt Collection Practices Act (hereinafter “FDCPA”) were satisfied.
In said letter, Midland Credit informed [redacted] that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate it did not receive any correspondence from [redacted] in response to the letter.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Although a review of Midland Credit’s business records indicates that it did receive notices from the credit reporting agencies of a possible dispute beginning on December 12, 2013, it has not received any correspondence from [redacted] pursuant to the [redacted] Finance Code. 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.
[redacted] writes that Midland Credit will not honor his cease all contact request. Please note that [redacted]’s complaint is the first notice Midland Credit received that he wished to cease all contact. 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 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 our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated May 2, 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 is the servicer of the five accounts belonging to [redacted] mentioned in his complaint.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on December 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 8, 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 June 29, 2009. The balance at the time of purchase was $477.92.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding on November 24, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 31, 2006 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 20, 2009. The balance at the time of purchase was $493.69.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on December 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 1, 2005 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 August 31, 2009. The balance at the time of purchase was $325.94.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 12, 2006 as a [redacted]. credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 10, 2009. The balance at the time of purchase was $2,679.29.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on November 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 30, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 18, 2009. The balance at the time of purchase was $1,625.01.
[redacted] questions whether the above-referenced accounts may be reported on his consumer credit files, due to an order issued by the Federal Trade Commission (“FTC”), which he states applies to the credit reporting of the above-referenced accounts.
Midland Credit has reviewed the above-referenced account information and a copy of FTC order 1:08-CV-1976-BBM-RGV. Please note that the FTC’s order was against the [redacted] and [redacted] and provided restitution payments to certain defined consumers. None of the above-referenced accounts were from an issuer affected by that order, and it therefore does not apply to [redacted]’s accounts. Even if it did apply, the FTC’s order does not render all accounts ever issued by those entities invalid or unenforceable. Part II of the FTC order provides that only affected accounts in which the restitution payments were greater than the balance due were to be removed from a consumer’s credit files. Accounts in which a balance remained after an adjustment for restitution payments were allowed to be updated in the consumer’s credit files under the FTC order.
Regarding [redacted]’s concerns that the account are more than eight to ten years old, a review of Midland Credit’s business records indicates that the seven-year Federal Reporting period has not expired for any of the above-referenced accounts. The seven-year Federal Reporting period will expire in December 2015 for account no. [redacted], in September 2015 for account no. [redacted] in February 2016 for account no. [redacted], in January 2016 for account no. [redacted], and in November 2015 for account no. [redacted]. Please note that this does not extinguish the debt; rather, it prevents the account from being reported to the credit reporting agencies. The accounts will still remain collectible, due and owing to Midland Credit.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debts, he may qualify for a reduction in his account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching resolutions that will be both beneficial to him, as well as settle the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs & Compliance
[redacted]