RESPONDING TO EMAIL REQUESTING COMFERMATION MIDLAND COLLECTION WAS INDEED AT FAULT.I HAVE SENT LETTERS AND TALK TO THE STAFF OVER THE YEARS THAT I WAS IN A CAR ACCIDENT IN THE YEAR 2005 RESULTING IN BRAIN INJURIES.I HVE TOLD THEM VERBALLY ,MY FAMILY HAVE TOLD THEM ,I HAVE HAD BRAIN INJURIES ,WAS...
UNABLE TO WORK,UNABLE TO MAKE DECISSIONS FINACAILLY OR OTHER WISE.SENT THEM LETTERS,DOCUMENTS FROM THE DOCTORS ETC.STATING THIS.THE COMPANY HAS FILED LEINS OR TOOK OVER THE ACCOUNTS IN QUESTION TRYING TO COLLECT A DEBT THAT I HAVE NO REALL WAY OF KNOWING I OWE,OR USED.MEMORY WAS NEXT TO NOTHING FOR THE YEARS 2005 AND YEARS BEFORE AND YEARS AFTER DUE TO TRAMUA.MIDLAND CONTINUES TO FILE CLAIMS ON ALL MY CREDIT REPORTS,HAS LEINS ON MY NAME AT THE LOCAL COURT , ETC....MY NAME IS IN RUINS AS IS MY CREDIT .ANY FURTHER INFOMATION NEEDED TO SOLVE THIS AND CLEAR UP THE COURT HOUSE RECORDS AS WELL AS THE CREDIT REPORTING COMPANYS ..PLEASE LET ME KNOW BY EMAIL OR MY CELL [redacted] .THANKS EVER SO MUCH FOR THE EFFORT IN THIS ...[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]
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]
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.
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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]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear[redacted]
Thank you for your follow up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 15, 2016. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated September 14, 2016.
[redacted] continues to express a concern that he was advised that the collection account would be removed from his credit report after it was paid. In response to [redacted]’s continued inquiry, a Midland Credit representative reached out to him regarding his concerns on September 16, 2016. In keeping with its Consumer-First policy, Midland Credit made the business decision to remove the collection tradeline from his consumer credit files. The three credit-reporting agencies have been notified of this request.
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).
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]
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
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
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.
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]
October 24, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 10, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses dissatisfaction with the interest accrued on the account. Please note that Midland Credit maintains its position as stated in its previous response to your office. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased.
[redacted] also expresses concerns that other collection agencies have made calls to him after hours and at work. Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that all calls were made within allowable hours. Midland Credit has not received any indication it had attempted to call a work phone number for [redacted] until his complaint.
With that said, Midland Credit continues to stand ready to work with [redacted] towards reaching a positive resolution of the account. If [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Please note that it is Midland Credit’s policy to report all accounts accurately. Should [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected. 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.
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]
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
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]
Revdex.com:A re-statement of a company policy that is abusive to customers does not resolve the issue. As the letter states, the policy is internal and at the discretion of the company. Telling callers this is out of the company's control is a lie.
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.
Regards,
[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]
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.
Some of the very first words I spoke to [redacted] were, "I want to get this paid and removed from my credit report." To which she replied, "I'd be glad to help you with that today, sir." She later went into some spiel about it showing as Paid in Full for the time being (a short time) but that I could contact Midland and easily have it removed since I was paying IN FULL. I could have paid ~40 percent of the debt if I just wanted it listed as Settled or Paid in Full. Regarding the aforementioned lawsuit, I was not served with a summons, so I'm unaware of any suit that was supposedly filed or not filed. I wouldn't mind seeing the suit's contents to see if it was robo-signed like thousands of other suits by Midland have been. However, I have sent an intent to sue letter to the company for SEVERAL inaccurate reporting offenses to the three bureaus for separate offenses regarding the harm they've done to my credit report, and by extension, my credit. I just want the trade line removed from my credit reports. The company can either spend big bucks defending themselves in court over a $736 debt that has been PAID, or they can simply remove it from my reports. The choice is theirs.
The company's final response to this letter will determine whether I go forward with the suit. If the response is anything other than a full removal from the credit bureaus' files, then I will file suit within three business days of the reply. I am awaiting a response, and I hope it's a favorable one. If not, they should prepare to send their legal team to rural [redacted], or they'll be facing a default judgment like the thousands of default judgments they receive on a regular basis. I will also file formal complaints with the [redacted] Office of the Attorney General Consumer Protection Division and the FTC at that time.
Regards,
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated May 8, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on July 31, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 13, 2009, 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 September 14, 2012. The balance at the time of purchase was $1,062.48. The full balance due as of May 20, 2014, including payments submitted, is $662.56.
While not the only item of concern identified within [redacted] complaint, she writes that while she has been submitting bi-weekly payments of $49.99, the balance of the account remains at $662.56. A review of Midland Credit’s business records indicates that on November 25, 2013, settlement was agreed to in which a total of $849.99 was to be made in bi-weekly payments of $49.99. After the first payment was made, on December 13, 2013, the repayment plan was cancelled in favor of a new arrangement, in which a total of $799.84 was to be repaid, with $99.98 down payment, and $49.99 bi-weekly payments.
To date, a total of $349.93 has been made towards the $799.84 agreement. While the $662.56 is the full balance remaining, [redacted] only has $449.91 left on her settlement. Had the settlement balance been paid, the remaining balance on the account would have been reduced to zero. However, on March 20, 2014, [redacted] cancelled the repayment plan after she was unable to submit the payment for March.
Aside from the above, [redacted] also writes that when she tried to pay off the remaining balance on her settlement, the Midland Credit account manager would not accept the payment. Please note, that in order to protect consumers from double payments, Midland Credit’s system prevents an account manager from running a second credit card charge on the same account within 24 hours of a previous charge. A review of Midland Credit’s business records indicates that on February 7, 2014, [redacted] and her daughter called Midland Credit wanting to pay the remaining balance of the settlement. The account manager appropriately informed them that since the $49.99 payment due that day had been charged earlier in the day, the system could not process another payment. Midland Credit subsequently attempted to follow-up with [redacted]’ daughter, who was the authorized payer on the account, but could not reach her.
While the settlement plan was previously voided, Midland Credit is willing to re-engage her previous plan. The account has been referred to Account Manager [redacted] If [redacted] wishes to re-engage her repayment plan for the remaining $449.91, please have her call [redacted] at [redacted] to discuss repayment options.
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]
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.
thanks [redacted] I am confused over this letter, due to my brain injuries or maybe its not what I was hoping for ? , the problem will still continue to cause hardship because its my understanding the balance in question will still appear on my credit report , I am trying to have this removed for all the reasons I listed in my report ,I feel that they will dismiss it, but will they have it removed from my credit report , I am trying so hard to get back into society with good standings but midlands lien or judgment is preventing me from doing that and I feel I was wrongfully given credit etc., taken advantage of etc. with the damages I sustained and reported .please help me in this matter and help clear up the information ,as I said I really don't understand ,I just know what my credit report states. thanks so much for all you have done in this case thus far and I look forward to hearing back from you in this matter ..[redacted] I am sorry ,I have re read the letter from mid land and I still don't know what to do, because I feel as if they will continue to send out to the credit bureau that I have a delinquent account etc and I havnt gained anything ? . I really need to have this erased, removed from my credit report because like I mentioned per my first letter of complaint ,I don't see how this has solved the issue that I am fighting against .please let me know what to do next and do I check off accept or decline their offer ? thanks again and I am so sorry for the problems .
RESPONDING TO EMAIL REQUESTING COMFERMATION MIDLAND COLLECTION WAS INDEED AT FAULT.I HAVE SENT LETTERS AND TALK TO THE STAFF OVER THE YEARS THAT I WAS IN A CAR ACCIDENT IN THE YEAR 2005 RESULTING IN BRAIN INJURIES.I HVE TOLD THEM VERBALLY ,MY FAMILY HAVE TOLD THEM ,I HAVE HAD BRAIN INJURIES ,WAS...
UNABLE TO WORK,UNABLE TO MAKE DECISSIONS FINACAILLY OR OTHER WISE.SENT THEM LETTERS,DOCUMENTS FROM THE DOCTORS ETC.STATING THIS.THE COMPANY HAS FILED LEINS OR TOOK OVER THE ACCOUNTS IN QUESTION TRYING TO COLLECT A DEBT THAT I HAVE NO REALL WAY OF KNOWING I OWE,OR USED.MEMORY WAS NEXT TO NOTHING FOR THE YEARS 2005 AND YEARS BEFORE AND YEARS AFTER DUE TO TRAMUA.MIDLAND CONTINUES TO FILE CLAIMS ON ALL MY CREDIT REPORTS,HAS LEINS ON MY NAME AT THE LOCAL COURT , ETC....MY NAME IS IN RUINS AS IS MY CREDIT .ANY FURTHER INFOMATION NEEDED TO SOLVE THIS AND CLEAR UP THE COURT HOUSE RECORDS AS WELL AS THE CREDIT REPORTING COMPANYS ..PLEASE LET ME KNOW BY EMAIL OR MY CELL [redacted] .THANKS EVER SO MUCH FOR THE EFFORT IN THIS ...[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]
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]
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.
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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]
September 21, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear[redacted]
Thank you for your follow up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 15, 2016. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated September 14, 2016.
[redacted] continues to express a concern that he was advised that the collection account would be removed from his credit report after it was paid. In response to [redacted]’s continued inquiry, a Midland Credit representative reached out to him regarding his concerns on September 16, 2016. In keeping with its Consumer-First policy, Midland Credit made the business decision to remove the collection tradeline from his consumer credit files. The three credit-reporting agencies have been notified of this request.
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 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]
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]
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]
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]
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.
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]
October 24, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 10, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses dissatisfaction with the interest accrued on the account. Please note that Midland Credit maintains its position as stated in its previous response to your office. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased.
[redacted] also expresses concerns that other collection agencies have made calls to him after hours and at work. Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that all calls were made within allowable hours. Midland Credit has not received any indication it had attempted to call a work phone number for [redacted] until his complaint.
With that said, Midland Credit continues to stand ready to work with [redacted] towards reaching a positive resolution of the account. If [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Please note that it is Midland Credit’s policy to report all accounts accurately. Should [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected. 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.
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 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
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]
Revdex.com:A re-statement of a company policy that is abusive to customers does not resolve the issue. As the letter states, the policy is internal and at the discretion of the company. Telling callers this is out of the company's control is a lie.
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.
Regards,
[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]
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.
Some of the very first words I spoke to [redacted] were, "I want to get this paid and removed from my credit report." To which she replied, "I'd be glad to help you with that today, sir." She later went into some spiel about it showing as Paid in Full for the time being (a short time) but that I could contact Midland and easily have it removed since I was paying IN FULL. I could have paid ~40 percent of the debt if I just wanted it listed as Settled or Paid in Full. Regarding the aforementioned lawsuit, I was not served with a summons, so I'm unaware of any suit that was supposedly filed or not filed. I wouldn't mind seeing the suit's contents to see if it was robo-signed like thousands of other suits by Midland have been. However, I have sent an intent to sue letter to the company for SEVERAL inaccurate reporting offenses to the three bureaus for separate offenses regarding the harm they've done to my credit report, and by extension, my credit. I just want the trade line removed from my credit reports. The company can either spend big bucks defending themselves in court over a $736 debt that has been PAID, or they can simply remove it from my reports. The choice is theirs.
The company's final response to this letter will determine whether I go forward with the suit. If the response is anything other than a full removal from the credit bureaus' files, then I will file suit within three business days of the reply. I am awaiting a response, and I hope it's a favorable one. If not, they should prepare to send their legal team to rural [redacted], or they'll be facing a default judgment like the thousands of default judgments they receive on a regular basis. I will also file formal complaints with the [redacted] Office of the Attorney General Consumer Protection Division and the FTC at that time.
Regards,
[redacted]
Dear [redacted]
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Thank you for your letter inquiry dated May 8, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on July 31, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 13, 2009, 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 September 14, 2012. The balance at the time of purchase was $1,062.48. The full balance due as of May 20, 2014, including payments submitted, is $662.56.
While not the only item of concern identified within [redacted] complaint, she writes that while she has been submitting bi-weekly payments of $49.99, the balance of the account remains at $662.56. A review of Midland Credit’s business records indicates that on November 25, 2013, settlement was agreed to in which a total of $849.99 was to be made in bi-weekly payments of $49.99. After the first payment was made, on December 13, 2013, the repayment plan was cancelled in favor of a new arrangement, in which a total of $799.84 was to be repaid, with $99.98 down payment, and $49.99 bi-weekly payments.
To date, a total of $349.93 has been made towards the $799.84 agreement. While the $662.56 is the full balance remaining, [redacted] only has $449.91 left on her settlement. Had the settlement balance been paid, the remaining balance on the account would have been reduced to zero. However, on March 20, 2014, [redacted] cancelled the repayment plan after she was unable to submit the payment for March.
Aside from the above, [redacted] also writes that when she tried to pay off the remaining balance on her settlement, the Midland Credit account manager would not accept the payment. Please note, that in order to protect consumers from double payments, Midland Credit’s system prevents an account manager from running a second credit card charge on the same account within 24 hours of a previous charge. A review of Midland Credit’s business records indicates that on February 7, 2014, [redacted] and her daughter called Midland Credit wanting to pay the remaining balance of the settlement. The account manager appropriately informed them that since the $49.99 payment due that day had been charged earlier in the day, the system could not process another payment. Midland Credit subsequently attempted to follow-up with [redacted]’ daughter, who was the authorized payer on the account, but could not reach her.
While the settlement plan was previously voided, Midland Credit is willing to re-engage her previous plan. The account has been referred to Account Manager [redacted] If [redacted] wishes to re-engage her repayment plan for the remaining $449.91, please have her call [redacted] at [redacted] to discuss repayment options.
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]
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.
thanks [redacted] I am confused over this letter, due to my brain injuries or maybe its not what I was hoping for ? , the problem will still continue to cause hardship because its my understanding the balance in question will still appear on my credit report , I am trying to have this removed for all the reasons I listed in my report ,I feel that they will dismiss it, but will they have it removed from my credit report , I am trying so hard to get back into society with good standings but midlands lien or judgment is preventing me from doing that and I feel I was wrongfully given credit etc., taken advantage of etc. with the damages I sustained and reported .please help me in this matter and help clear up the information ,as I said I really don't understand ,I just know what my credit report states. thanks so much for all you have done in this case thus far and I look forward to hearing back from you in this matter ..[redacted] I am sorry ,I have re read the letter from mid land and I still don't know what to do, because I feel as if they will continue to send out to the credit bureau that I have a delinquent account etc and I havnt gained anything ? . I really need to have this erased, removed from my credit report because like I mentioned per my first letter of complaint ,I don't see how this has solved the issue that I am fighting against .please let me know what to do next and do I check off accept or decline their offer ? thanks again and I am so sorry for the problems .