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]
Roman">Thank you for your letter inquiry regarding
Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 11, 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 April 21, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on February 27, 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 March 5, 2015. The balance at the time of purchase was $1,042.24.
Mr.
[redacted] expresses a concern that Midland Credit is calling him on an account
that he states has previously been closed and that his validation requests have
been ignored. On May 29, 2015, Midland
Credit mailed Mr. [redacted] a validation letter, which informed him that Midland
Funding had acquired the account, and of his rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to Mr.
[redacted] at the same address listed within his complaint, and was not returned as
“undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [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 Mr. [redacted] and collect the
debt. A copy of the verification
information provided by the seller is enclosed for Mr. [redacted]’ records.
Consumers
are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an
account, it means that the creditor no longer believes the consumer will pay
the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right
to legally seek repayment of the promissory obligation, the new third-party
purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
If
Mr. [redacted] still has reason to believe that this account was previously
resolved, he can contact us online at [redacted], where he can email questions to a [redacted]) specialist, find the answers to frequently asked questions, and
upload documents to support his/her request. Uploaded documents are
automatically sent to a [redacted] specialist, who will investigate the consumer’s
question and mail back a response. Or Mr.
[redacted] may forward appropriate documentation to [redacted] using the contact
information on this letterhead.
Mr.
[redacted] also states that he has never given out his cell phone number. Please note that to ensure that it has the
most up to date consumer information, Midland Credit relies on consumer data
provided by third-party vendors. After
reviewing the account, it appears that a third party vendor provided Mr.
[redacted]’s cell phone number. Relying on
that information, Midland Credit updated its records and attempted to contact
Mr. [redacted] using that phone number.
Mr.
[redacted] also states that when Midland
Credit contacted him, the caller would not let him talk and states the caller
kept bothering him. Midland Credit
reviewed its records made to the cell phone number that was provided within the
complaint. After a review of Midland
Credit’s business records, it does not appear that anyone answered the calls
made to that number. If Midland Credit
has called Mr. [redacted] at a different number or he believes that he did in fact
speak to a Midland Credit representative, please call Midland Credit’s Consumer
Support Services team at [redacted] ext. [redacted] to provide additional
information to assist in the investigation.
Midland
Credit sincerely apologizes for any inconvenience this has caused Mr. [redacted]. The above-referenced account has been marked
“Direct Mail Only.” While it remains due and owing, Mr. [redacted] will no
longer receive phone calls from Midland Credit representatives and all
correspondence will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at 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.
It seems as though Midland did not read my original complain in it's entirety and sent me a "fill in the blanks" response to my complain, as it is CLEARLY stated in my original complain that I did not obtain my credit report from a third party or compilations source and included proof in my original complain from each of the credit bureau's of Midland's "120 days past due" and one month term loan inaccurate reporting. I obtained these reports directly from each credit bureau itself. I also stated that I had already contacted and disputed the way this account is reporting the 120 days past due, inaccurately and as a one month term loan which is also inaccurate and illegal, as Midland is not a creditor. I am disturbed at Midland's incompetence, and audacity to advice me to do all of which I had clearly sated in my original complain, I had already done.
I appreciate Midland's "encouragement to communicate" with the credit bureau's directly regarding this issue, but if Midland would have taken the time to thoroughly read and response to my individual complain instead of filling in the blanks where appropriate, they would have realized I already did all of Midland's "encouraged" actions. As it was clearly stated in the original complain. I already contacted the credit bureaus disputed the way it reports as a one month loan with 120 day lates through each bureau, yet Midland continues to validate the "one month term loan" and report 120 days past due as a one month loan, which is violates my rights.
Midland is not a creditor and therefore cannot report this account as a one month loan or a 120 days past due. This is my last attempt at resolving this matter and getting the account removed from all my credit bureau reports and the account closed, before I seek legal retributions and contact the CFPB, FTC, Attorney General, the State Senator, for violating my rights and reporting inaccurately and blaming it on everyone else. I will also not hesitate to contact the local and national media and anyone else that will listen regarding Midland's business practices and violations of my rights. It only takes a few minutes to read through all of hundreds of complains against Midland here at the Revdex.com, to realize their more then questionable business practices, willful negligence and habitually, repeatedly, deliberate violation of people's legal rights.
Regards,
[redacted]
[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
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]
[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] and [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] submitted a previous complaint through your office to which Midland Credit responded on April 20, 2015. The details of [redacted]’s account were included in that response.
[redacted] expresses a concern that Midland Credit has not verified the debt. Midland Credit mailed [redacted] separate and unique validation letters – on or about October 17, 2009, for account no. [redacted], and on or about January 10, 2012, for account no. [redacted]. In the letters, Midland Credit informed [redacted] that Midland Funding, LLC (“Midland Funding”) had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence from [redacted] in response to those letters or pursuant to the [redacted] Finance Code. 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.
Copies of the verification information provided by the seller are enclosed for the above-referenced accounts. 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. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
With that said, if [redacted] is ready to resolve the debts, [redacted] may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution of the account balances.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced accounts 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.
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]
:
0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, MRC Receivables Corporation (hereinafter “MRC”), on November 30, 2001. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 5, 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 January 17, 2001. The balance at the time of purchase was $4,827.92.
A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on December 3, 2001, Midland Credit mailed [redacted] a validation letter, which informed her that MRC had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received from [redacted] prior to the complaint 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.
When a resolution could not be reached, a review of Midland Credit’s business records indicates that on July 19, 2003, this account was outsourced to the law firm of [redacted], located at [redacted] Their telephone number is [redacted] Judgment was subsequently awarded against [redacted] on December 23, 2003, a copy of which [redacted] also enclosed within her complaint.
The account was subsequently recalled, and on October 27, 2010, was outsourced to the law firm of [redacted] located at [redacted]. Their telephone number is [redacted] A copy of [redacted]’ complaint was forwarded to [redacted]r for review.
While not the only item of concern identified within her complaint, [redacted] questions the alleged conduct of a certain [redacted] employees she spoke to, stating the representative was “nasty and disrespectful,” and later changed their tone of voice and spoke to her normally “as if nothing ever happened.” Please note that the alleged conduct described by [redacted] has been investigated, and the representative [redacted] was not rude or disrespectful towards [redacted]. The representative answered [redacted]’ questions correctly, and maintained the same tone throughout the call.
Aside from the above, [redacted] also alleges that during the call, the [redacted] employee provided her with false information regarding the account. An investigation also indicates that this allegation is false. During the call, [redacted] asks the representative how long can they “go after an account,” the representative correctly informed [redacted] that the time period would be 20 years if a judgment was entered. [redacted] responded that she knew what the law was, and that it was only 7 years, which is not accurate.
[redacted] also alleges that the [redacted] representative advised her that the Statute of Limitations for suit on the account was 23 years. A review of the call also indicates that this is untrue. During the call, the [redacted] representative advised [redacted] that a Judgment in the state of New York is valid for 20 years. The representative also advised [redacted] that in her case, the Judgment would remain valid until 2023, because the Judgment was awarded in 2003. It appears [redacted] misunderstood the information the representative provided her with.
A review of Midland Credit’s business records indicates that the Statute of Limitations for suit expired on or about July 21, 2006. However, please note that the passing of the Statute of Limitations does not extinguish the validity of the debt, rather, it eliminates the legal cause of action. As referenced above, the Judgment was awarded in 2003, well within the Statute of Limitations. The Judgment awarded against [redacted] remains valid.
In addition, a review of business records indicates that the seven-year Federal Reporting period for credit reporting on the above-referenced account expired July of 2007. However, this does not extinguish the debt, rather, it prevents the account from being reported to the credit reporting agencies by MRC Receivables. The account still remains collectible, due and owing. Further, the judgment may be reporting to [redacted]’ credit bureau as a public record.
[redacted] further states that a lien was placed on her daughter’s account. [redacted] have advised that a bank restraint was sent to [redacted] The account, which is still restrained, is not solely in [redacted]’ daughter’s name, nor is it a trust account. The account has been identified as a joint savings account in the name of both [redacted] and a third party (presumably [redacted]’ daughter). The bank would not have restrained the account had it been a trust account or if [redacted] was not either the sole or joint owner of the account.
Finally, [redacted] writes that [redacted] ignored a “Cease & Desist” request, and mailed her correspondence. [redacted] have advised that during a telephone conversation with [redacted] on March 31, 2014, [redacted] requested validation of the debt, and in response, [redacted] mailed [redacted] a copy of the Judgment later that day. A review of their business records indicates that they received the first “Cease & Desist” request from [redacted] on April 7, 2014. A review of their business records also indicate that no communication with [redacted] has occurred since the Judgment was mailed to [redacted] on March 31, 2014.
Based on the information above, both Midland Credit and [redacted] have acted timely and appropriately pursuant to applicable law. Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive resolution.
In the meantime, the account will remain marked as “Cease & Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit or [redacted] representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs and Compliance
*Admitted in Minnesota, North Dakota, South Dakota and Wisconsin, Not Admitted in California
[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
November 17, 2014
0in 0pt" class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Billy [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 3, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 April 23, 2013. Information provided by the seller, [redacted] LLC, at the time of acquisition indicates this account was originated on June 12, 2008, as a [redacted] cellular account number ending in [redacted], in the name of B[redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 29, 2012. The balance at the time of purchase was $109.73. Final payment on the account was received on October 27, 2014. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] questions whether the account is collectible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations does not expire until October 27, 2018. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for this account does not expire until March 2019.
Mr. [redacted] also questions the alleged conduct of certain Midland Credit employees. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Mr. [redacted] states that when he called to settle the account, the representative refused to accept payment. Please note that the alleged conduct described by Mr. [redacted] has been investigated.
On October 27, 2014, due to a previous communication restriction requested by Mr. [redacted], the Midland Credit representative was unable to transfer the account to an Account Manager to take payment and ownership of the account. Mr. [redacted] was advised to send a letter authorizing the removal of the restriction. That same day, Midland Credit received Mr. [redacted]’ faxed letter and the communication restriction was removed. Mr. [redacted] subsequently settled the account, and thus has no further financial obligation for this account.
Furthermore, Mr. [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 it was able to assist Mr. [redacted] in reaching a resolution which settled the balance of his account, it is Midland Credit’s policy to report all accounts accurately. Midland Credit is accurately reporting the account as “Account paid in full, was a collection account” with an additional memo which states, “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.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 15, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with the same name as [redacted]. During a search for the correct consumer, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note that Midland Credit had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
[redacted] questions why Midland Credit representatives have not left any messages informing him of the reason for their call. Please note that Midland Credit has strict guidelines that its representatives must adhere to when leaving messages. This policy assists in preventing the inadvertent disclosure of private consumer information to third parties. Due to these restrictions, no messages were left.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank
you for your letter inquiry...
dated July 15, 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 two accounts belonging to [redacted] Midland Credit became the
servicer of account no. [redacted] on behalf of purchaser, Midland Funding,
LLC (“Midland Funding”), on May 14, 2012.
Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on May 25, 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 October 30, 2009.
The balance at the time of purchase was $3,968.71.
Midland Credit became the
servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on
May 27, 2010. Information provided by
the seller, [redacted] at the time of acquisition indicates this
account was originated on January 29, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last
four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt
on December 31, 2009. The balance at the
time of purchase was $2,221.67.
A review of Midland Credit’s
business records indicates that on August 25, 2013, account no. [redacted] was
outsourced to the [redacted] located at [redacted] [redacted]. Their telephone
number is [redacted]. Midland Credit
has forwarded a copy of [redacted] complaint to the firm.
[redacted] expresses a concern
that his validation requests have been ignored. Midland Credit mailed [redacted] separate and unique validation letters –on June 27, 2012 for account
no. [redacted] and on January 7, 2011 for account no. [redacted]. These
letters informed him that Midland Funding had acquired the accounts, and of his
rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). Please note that the letters were mailed to the same
address listed within [redacted] complaint via the United States Postal
Service, and were not returned as “undeliverable” – satisfying the requirements
set forth within the FDCPA.
Midland Credit’s business records
indicate that it did not receive any correspondence disputing the debts or
requesting validation from Mr. Berrouet in response to the letters. A
review of Midland Credit’s business records for account no. 8550130972 indicates
that it received notice from the credit reporting agencies of a possible
dispute on April 25, 2013. However,
Midland Credit did not receive the first correspondence directly from Mr.
Berrouet until September 6, 2013. Neither of these communications can be
considered timely.
A review of Midland Credit’s and [redacted] business records indicate that no correspondence was received for
account no. [redacted] prior to the complaint filed through your office, which
also cannot be considered timely.
The FDCPA specifically states
that, unless a consumer provides a debt collector with notice of such a dispute
within 30 days of receiving the initial validation letter, “the debt will be
assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3).
Because Midland Credit did not receive such notices in a timely manner, Midland
Credit appropriately proceeded with efforts to contact [redacted] and collect
the debts. Copies of the verification information provided by the sellers are
enclosed for [redacted] records.
If [redacted] is ready to
settle account no. [redacted], he may qualify for a reduction in his account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist him in reaching a resolution that will be both beneficial to him, as
well as settle the account balance.
In regards to account no. [redacted] writes that he was
misled by Midland Credit due to threatening legal action without filing a small
claims case. As the account is currently out with [redacted] appropriate legal
action may be pursued. [redacted] is encouraged to work with [redacted] to
reach a beneficial resolution.
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 our Consumer Support Services
team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel,
Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in
California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I REJECT THE RESPONSE BY THE BUSINESS
You state that you do NOT report as the original creditor and if I pulled from a compilation site, that could explain why. Unfortunately for you, I didn't pull from a compilation site, I just now pulled again, directly from [redacted] a credit report and you are showing under "REVOLVING" ([redacted] defines these as "Revolving accounts are charge accounts that have a credit limit and require a minimum payment each month, such as most credit cards.") with the sub-header of "OTHER", then another sub-header of "CLOSED". You are NOT showing under COLLECTION accounts, therefore you are reading as if you are the original creditor for this account. There is NO mention of [redacted] who IS the original creditor.
Actually, coincidentally enough, [redacted], THE REAL ORIGINAL CREDITOR, shows under the same category of REVOLVING accounts as MCM does. [redacted] describes accounts under "OTHER" as "These are all accounts that do not fall into the other categories and can include 30-day accounts such as [redacted]" YOU ARE A COLLECTION COMPANY YOU SHOULD FALL UNDER COLLECTIONS. Furthermore, in a response to another Revdex.com complaint you stated "Midland Credit has been advised, and the standard in the industry is that as a debt buyer, it should report accounts as: current status – collection account; type of account – open; type of loan – factoring company account; additional information – collection account. " However, on my report, again, straight from the source, the current status is BLANK. You are obviously trying to report this as a revolving debt to have the most effect on my credit that you can, that is why you are showing on compilation sources as the original creditor.
The [redacted] account reports the date of first major delinquency as 02-2014 while you report it as 5-2014. And speaking of [redacted], I have recently received an email from them which I will upload as supporting documentation, that because of a review of their records that they are deleting the trade-line all together.
So you stated "Please note that Midland Funding is a debt buyer and does not provide consumers with credit," if that is the case you are violating the FCRA because of the way your account is showing on my [redacted] report, which is again STRAIGHT FROM THE SOURCE, you make no mention of the original creditor involved. THAT IS WHY YOU SHOW ON COMPILATION SITES AS THE ORIGINAL CREDITOR because you are not reporting correctly.
You can remove your account from all three credit bureaus, or I will seek legal counsel. I'm tired of going around in circles with Midland Credit Management. I have attached a copy of my credit report directly from [redacted] to prove to you that I am not getting it from a compilation source. If this is not fixed in 10 days, you can expect to hear from my lawyer. I didn't request a cease and desist, so you can go ahead and remove that as well.
Oh and last but not least, yes my wife has called about my account with you. I wasn't referencing the call with my wife. Conveniently you state you have no record of a phone call with me, unfortunate because whomever I spoke with should be reprimanded.
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.
Revdex.com:
Dear [redacted]
Thank you for allowing consumers like myself an opportunity to present our case. I truly appreciate your patience.
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland Funding has engaged in a fraudulent reporting of this account and has violated Fair Credit Reporting Act. In spite of my cease and desist request to not be contacted, which has been acknowledged by the responder, I still get contacted by them which is a blatant violation of Fair Credit Reporting Act. Please see the attachment.
Now if Midland can violate a federal law regarding my account, what else is to be expected? Midland Funding says that it sent me a debt verification. However what they did not mention is that the debt verification they sent did not include any agreement that I had with the alleged [redacted]. More so when [redacted] is contacted, they have no knowledge of any balance or account with them.
Midland Funding bought a bad debt with inadequate verification and documentation that would not convince any legal body of the United States to affirm that it is valid. I have several other correspondences and additional violations of the FCRA that I would be more than happy to present to Revdex.com that would clearly reveal who the real victim is in this scenario.
Midland has a clear choice to make. My next steps are to contact California state attorney general along with litigating on the FCRA violations and debt validation in [redacted].
I need this incorrect information removed from my credit file for this issue to be resolved.
Regards,[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received October 7, 2015.
Midland Credit appreciates the opportunity to answer your questions.
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 April 19, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on July 6, 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 March 12, 2012. The balance at the time of purchase was $593.24.
[redacted]
expresses a concern that there is a debt with Midland Credit on his credit
report which he did not open. [redacted] also writes that he disputed this
account with the credit bureaus yet it remains on his consumer credit files. On April 23,
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 the first notice of possible dispute from
the credit reporting agencies on or about August 26, 2015. In response, Midland Credit sent [redacted]
verification information provided by the seller along with a letter requesting he
provide further information if he still believed the account information is
inaccurate.
A
copy of the verification information provided by the seller is 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. Chaudhry v. Gallerizzo,
174 F.3d 394 (4th Cir. 1999).
[redacted] expresses a desire to have the above-referenced account deleted from his
consumer credit files upon resolving the balance. Please note that it is
Midland Credit’s policy to furnish accurate account information. Should
[redacted] pay the full balance, Midland Credit will furnish information for the
account as “Account paid in full, was a collection account.”
Should [redacted] pay less than the full balance, Midland Credit will also notify
the credit reporting agencies to add 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 the account information it is furnishing to the three major
credit reporting agencies is accurate.
[redacted] advises that the account may have been opened while he was ill by a family
friend who was caring for him. Midland
Credit stands ready to assist [redacted] in clearing his record if he has been a
victim of identity theft or fraud. If
such is in fact the case, Midland Credit respectfully requests that [redacted]
provide it with a copy of either a police report or affidavit of fraud showing
that he reported the fraudulent activity.
Please note that an affidavit of fraud can be found at
[redacted] If submitting an affidavit of fraud, [redacted]
should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where he can email questions to a Consumer Support
Services (CSS) specialist, find the answers to frequently asked questions, and
upload documents to support his request. Uploaded documents are
automatically sent to a CSS specialist, who will investigate the consumer’s
question and mail back a response. Or
[redacted] may forward appropriate documentation to CSS using the contact
information on this letterhead.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Roman">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
January 30, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted]
filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response
to the CFPB is enclosed.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 17, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates
this account was originated on April 23, 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 February 28, 2010. The balance at the time of purchase was $1,444.64.
On March 20,
2011, 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. A review of Midland Credit’s
business records indicates that it received the first correspondence requesting
validation from her on January 5, 2015, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
Midland
Credit received notification of a possible dispute through the credit reporting
agencies on April 17, 2014. Although the
request was not timely, verification information provided by the seller was
mailed to [redacted] in response to her dispute. A copy of the verification information
provided by the seller is enclosed.
[redacted] questions whether the account is collectible due to the expiration of
the statute of limitations. A review of
Midland Credit’s business records indicates that the statute of limitations
does not expire until August 28, 2015.
However, please note that the passing of the statute of limitations does
not extinguish the validity of the debt.
Rather, it eliminates litigation as a potential remedy. Suit was filed on July 22, 2011, prior to the
expiration of the statute of limitations.
Additionally, although the suit was subsequently dismissed without
prejudice on December 6, 2011, please note that such a dismissal also does not
extinguish the validity of the debt. The
above-referenced account still remains collectible, due and owing to Midland
Credit.
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 encourages [redacted] to continue to work with [redacted] to assist in reaching a positive
resolution. She may reach [redacted] at their contact information provided above.
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 tried at every corner to get this off my credit. The police say it's to old to report. I've desputed this from the first time I knew about this. Midland credit never seems to get what I send or I never seem to get what they send. Midland has been sued many times for bad debit collections technics. So I've decided after I was told if I paid that it would be removed I paid a bill that was not mine then call to verify payment and the item would be removed and was informed no, I filed this complaint with Revdex.com. I've send written notorised statements at midland credits request... That they never get.
Now that midland credit management has started talking to me thru Revdex.com, maybe you can tell me where I can send another notorised statement yet a fourth time. Can it be done thru Revdex.com? Or sent certified mail to whom ever is talking with the Revdex.com? As I've stated at every turn. The acct was not mine. I think it was my uncle "died in late 2013". So please help me finally end the wrong info on my credit. I've even paid places to send letters to credit companies to dispute these charges. Please please help ]
Regards,
[redacted]
Dear [redacted]:
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated January 24, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received January 27, 2014 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 (hereinafter “Midland Funding”), on November 24, 2010. Information provided by the seller, [redacted] and [redacted] at the time of acquisition indicates this account was originated on July 31, 2005 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 February 22, 2009. The balance at the time of purchase was $408.83.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on May 17, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 23, 2007 as a [redacted] cellular account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 4, 2009. The balance at the time of purchase was $667.83.
[redacted] expresses a concern that his validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after it acquired the above-referenced accounts, it mailed [redacted] separate and unique validation letters on December 2, 2010 for account no. [redacted], and May 22, 2011 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received 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 of the letters, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies as required. If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
With that said, [redacted] writes he was previously a victim of fraud. If [redacted] believes the above-referenced accounts are also the result of fraud, Midland Credit stands ready to assist [redacted] in clearing his record. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact 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]:
Roman';">
Thank you for your letter inquiry dated April 3, 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 27, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 18, 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 October 16, 2009. The balance at the time of purchase was $1,226.67.
[redacted] expresses a concern that his validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on August 29, 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 [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicate that it received the first correspondence sent to Midland Credit requesting validation from [redacted] on February 17, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact[redacted] and collect the debt.
With that said, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will 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 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
Dear Ms. [redacted]:
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Thank you for your letter inquiry dated June 10, 2014, regarding Mrs. [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 November 26, 2013. Information provided by the seller, Asset Acceptance, LLC, at the time of acquisition indicates this account was originated on March 22, 2007 as an HSBC Bank Nevada, N.A. consumer loan account number ending in [redacted], in the name of [redacted] F [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 14, 2009. The balance at the time of purchase was $24,904.52.
Mrs. [redacted] expresses concern that the account is over 10 years old, and should be removed from her consumer credit files. Please note that information provided by the seller lists the first date of delinquency at April 16, 2009. This date also marks the start of the seven-year Federal Reporting Period (“FRP”). As such, the FRP for the above-referenced account does not expire until April 2016. Please note that this does not extinguish the debt. Rather, it will prevent the account from being reported to the credit reporting agencies. The account will still remain collectible, due and owing to Midland Credit.
A copy of the verification information provided by the seller is enclosed for Mrs. [redacted]’s records. A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the credit reporting agencies.
Lastly, Mrs. [redacted] writes that due to her situation, she cannot repay the full balance due. Please note that Midland Credit is sensitive to Mrs. [redacted]’s situation. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, Mrs. [redacted]’s account has been referred to Account Manager [redacted] Please have Mrs. [redacted] call her at (800) 825-8131 ext. [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 Mrs. [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
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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 Ms. [redacted]:
Roman">Thank you for your letter inquiry regarding
Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 11, 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 April 21, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on February 27, 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 March 5, 2015. The balance at the time of purchase was $1,042.24.
Mr.
[redacted] expresses a concern that Midland Credit is calling him on an account
that he states has previously been closed and that his validation requests have
been ignored. On May 29, 2015, Midland
Credit mailed Mr. [redacted] a validation letter, which informed him that Midland
Funding had acquired the account, and of his rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to Mr.
[redacted] at the same address listed within his complaint, and was not returned as
“undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [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 Mr. [redacted] and collect the
debt. A copy of the verification
information provided by the seller is enclosed for Mr. [redacted]’ records.
Consumers
are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an
account, it means that the creditor no longer believes the consumer will pay
the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right
to legally seek repayment of the promissory obligation, the new third-party
purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
If
Mr. [redacted] still has reason to believe that this account was previously
resolved, he can contact us online at [redacted], where he can email questions to a [redacted]) specialist, find the answers to frequently asked questions, and
upload documents to support his/her request. Uploaded documents are
automatically sent to a [redacted] specialist, who will investigate the consumer’s
question and mail back a response. Or Mr.
[redacted] may forward appropriate documentation to [redacted] using the contact
information on this letterhead.
Mr.
[redacted] also states that he has never given out his cell phone number. Please note that to ensure that it has the
most up to date consumer information, Midland Credit relies on consumer data
provided by third-party vendors. After
reviewing the account, it appears that a third party vendor provided Mr.
[redacted]’s cell phone number. Relying on
that information, Midland Credit updated its records and attempted to contact
Mr. [redacted] using that phone number.
Mr.
[redacted] also states that when Midland
Credit contacted him, the caller would not let him talk and states the caller
kept bothering him. Midland Credit
reviewed its records made to the cell phone number that was provided within the
complaint. After a review of Midland
Credit’s business records, it does not appear that anyone answered the calls
made to that number. If Midland Credit
has called Mr. [redacted] at a different number or he believes that he did in fact
speak to a Midland Credit representative, please call Midland Credit’s Consumer
Support Services team at [redacted] ext. [redacted] to provide additional
information to assist in the investigation.
Midland
Credit sincerely apologizes for any inconvenience this has caused Mr. [redacted]. The above-referenced account has been marked
“Direct Mail Only.” While it remains due and owing, Mr. [redacted] will no
longer receive phone calls from Midland Credit representatives and all
correspondence will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at 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.
It seems as though Midland did not read my original complain in it's entirety and sent me a "fill in the blanks" response to my complain, as it is CLEARLY stated in my original complain that I did not obtain my credit report from a third party or compilations source and included proof in my original complain from each of the credit bureau's of Midland's "120 days past due" and one month term loan inaccurate reporting. I obtained these reports directly from each credit bureau itself. I also stated that I had already contacted and disputed the way this account is reporting the 120 days past due, inaccurately and as a one month term loan which is also inaccurate and illegal, as Midland is not a creditor. I am disturbed at Midland's incompetence, and audacity to advice me to do all of which I had clearly sated in my original complain, I had already done.
I appreciate Midland's "encouragement to communicate" with the credit bureau's directly regarding this issue, but if Midland would have taken the time to thoroughly read and response to my individual complain instead of filling in the blanks where appropriate, they would have realized I already did all of Midland's "encouraged" actions. As it was clearly stated in the original complain. I already contacted the credit bureaus disputed the way it reports as a one month loan with 120 day lates through each bureau, yet Midland continues to validate the "one month term loan" and report 120 days past due as a one month loan, which is violates my rights.
Midland is not a creditor and therefore cannot report this account as a one month loan or a 120 days past due. This is my last attempt at resolving this matter and getting the account removed from all my credit bureau reports and the account closed, before I seek legal retributions and contact the CFPB, FTC, Attorney General, the State Senator, for violating my rights and reporting inaccurately and blaming it on everyone else. I will also not hesitate to contact the local and national media and anyone else that will listen regarding Midland's business practices and violations of my rights. It only takes a few minutes to read through all of hundreds of complains against Midland here at the Revdex.com, to realize their more then questionable business practices, willful negligence and habitually, repeatedly, deliberate violation of people's legal rights.
Regards,
[redacted]
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]
This place called my place of business to collect my debt WHILE clocked in on the job, ON MY WORK PHONE NUMBER. VERY UNPROFESSIONAL!!!
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]
May 6, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] submitted a previous complaint through your office to which Midland Credit responded on April 20, 2015. The details of [redacted]’s account were included in that response.
[redacted] expresses a concern that Midland Credit has not verified the debt. Midland Credit mailed [redacted] separate and unique validation letters – on or about October 17, 2009, for account no. [redacted], and on or about January 10, 2012, for account no. [redacted]. In the letters, Midland Credit informed [redacted] that Midland Funding, LLC (“Midland Funding”) had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence from [redacted] in response to those letters or pursuant to the [redacted] Finance Code. 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.
Copies of the verification information provided by the seller are enclosed for the above-referenced accounts. 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. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
With that said, if [redacted] is ready to resolve the debts, [redacted] may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution of the account balances.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced accounts 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.
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 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, MRC Receivables Corporation (hereinafter “MRC”), on November 30, 2001. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 5, 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 January 17, 2001. The balance at the time of purchase was $4,827.92.
A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on December 3, 2001, Midland Credit mailed [redacted] a validation letter, which informed her that MRC had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received from [redacted] prior to the complaint 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.
When a resolution could not be reached, a review of Midland Credit’s business records indicates that on July 19, 2003, this account was outsourced to the law firm of [redacted], located at [redacted] Their telephone number is [redacted] Judgment was subsequently awarded against [redacted] on December 23, 2003, a copy of which [redacted] also enclosed within her complaint.
The account was subsequently recalled, and on October 27, 2010, was outsourced to the law firm of [redacted] located at [redacted]. Their telephone number is [redacted] A copy of [redacted]’ complaint was forwarded to [redacted]r for review.
While not the only item of concern identified within her complaint, [redacted] questions the alleged conduct of a certain [redacted] employees she spoke to, stating the representative was “nasty and disrespectful,” and later changed their tone of voice and spoke to her normally “as if nothing ever happened.” Please note that the alleged conduct described by [redacted] has been investigated, and the representative [redacted] was not rude or disrespectful towards [redacted]. The representative answered [redacted]’ questions correctly, and maintained the same tone throughout the call.
Aside from the above, [redacted] also alleges that during the call, the [redacted] employee provided her with false information regarding the account. An investigation also indicates that this allegation is false. During the call, [redacted] asks the representative how long can they “go after an account,” the representative correctly informed [redacted] that the time period would be 20 years if a judgment was entered. [redacted] responded that she knew what the law was, and that it was only 7 years, which is not accurate.
[redacted] also alleges that the [redacted] representative advised her that the Statute of Limitations for suit on the account was 23 years. A review of the call also indicates that this is untrue. During the call, the [redacted] representative advised [redacted] that a Judgment in the state of New York is valid for 20 years. The representative also advised [redacted] that in her case, the Judgment would remain valid until 2023, because the Judgment was awarded in 2003. It appears [redacted] misunderstood the information the representative provided her with.
A review of Midland Credit’s business records indicates that the Statute of Limitations for suit expired on or about July 21, 2006. However, please note that the passing of the Statute of Limitations does not extinguish the validity of the debt, rather, it eliminates the legal cause of action. As referenced above, the Judgment was awarded in 2003, well within the Statute of Limitations. The Judgment awarded against [redacted] remains valid.
In addition, a review of business records indicates that the seven-year Federal Reporting period for credit reporting on the above-referenced account expired July of 2007. However, this does not extinguish the debt, rather, it prevents the account from being reported to the credit reporting agencies by MRC Receivables. The account still remains collectible, due and owing. Further, the judgment may be reporting to [redacted]’ credit bureau as a public record.
[redacted] further states that a lien was placed on her daughter’s account. [redacted] have advised that a bank restraint was sent to [redacted] The account, which is still restrained, is not solely in [redacted]’ daughter’s name, nor is it a trust account. The account has been identified as a joint savings account in the name of both [redacted] and a third party (presumably [redacted]’ daughter). The bank would not have restrained the account had it been a trust account or if [redacted] was not either the sole or joint owner of the account.
Finally, [redacted] writes that [redacted] ignored a “Cease & Desist” request, and mailed her correspondence. [redacted] have advised that during a telephone conversation with [redacted] on March 31, 2014, [redacted] requested validation of the debt, and in response, [redacted] mailed [redacted] a copy of the Judgment later that day. A review of their business records indicates that they received the first “Cease & Desist” request from [redacted] on April 7, 2014. A review of their business records also indicate that no communication with [redacted] has occurred since the Judgment was mailed to [redacted] on March 31, 2014.
Based on the information above, both Midland Credit and [redacted] have acted timely and appropriately pursuant to applicable law. Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive resolution.
In the meantime, the account will remain marked as “Cease & Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit or [redacted] representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs and Compliance
*Admitted in Minnesota, North Dakota, South Dakota and Wisconsin, Not Admitted 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]
November 17, 2014
0in 0pt" class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Billy [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 3, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 April 23, 2013. Information provided by the seller, [redacted] LLC, at the time of acquisition indicates this account was originated on June 12, 2008, as a [redacted] cellular account number ending in [redacted], in the name of B[redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 29, 2012. The balance at the time of purchase was $109.73. Final payment on the account was received on October 27, 2014. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] questions whether the account is collectible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations does not expire until October 27, 2018. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for this account does not expire until March 2019.
Mr. [redacted] also questions the alleged conduct of certain Midland Credit employees. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Mr. [redacted] states that when he called to settle the account, the representative refused to accept payment. Please note that the alleged conduct described by Mr. [redacted] has been investigated.
On October 27, 2014, due to a previous communication restriction requested by Mr. [redacted], the Midland Credit representative was unable to transfer the account to an Account Manager to take payment and ownership of the account. Mr. [redacted] was advised to send a letter authorizing the removal of the restriction. That same day, Midland Credit received Mr. [redacted]’ faxed letter and the communication restriction was removed. Mr. [redacted] subsequently settled the account, and thus has no further financial obligation for this account.
Furthermore, Mr. [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 it was able to assist Mr. [redacted] in reaching a resolution which settled the balance of his account, it is Midland Credit’s policy to report all accounts accurately. Midland Credit is accurately reporting the account as “Account paid in full, was a collection account” with an additional memo which states, “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.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
January 29, 2015
New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 15, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with the same name as [redacted]. During a search for the correct consumer, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note that Midland Credit had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
[redacted] questions why Midland Credit representatives have not left any messages informing him of the reason for their call. Please note that Midland Credit has strict guidelines that its representatives must adhere to when leaving messages. This policy assists in preventing the inadvertent disclosure of private consumer information to third parties. Due to these restrictions, no messages were left.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank
you for your letter inquiry...
dated July 15, 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 two accounts belonging to [redacted] Midland Credit became the
servicer of account no. [redacted] on behalf of purchaser, Midland Funding,
LLC (“Midland Funding”), on May 14, 2012.
Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on May 25, 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 October 30, 2009.
The balance at the time of purchase was $3,968.71.
Midland Credit became the
servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on
May 27, 2010. Information provided by
the seller, [redacted] at the time of acquisition indicates this
account was originated on January 29, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last
four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt
on December 31, 2009. The balance at the
time of purchase was $2,221.67.
A review of Midland Credit’s
business records indicates that on August 25, 2013, account no. [redacted] was
outsourced to the [redacted] located at [redacted] [redacted]. Their telephone
number is [redacted]. Midland Credit
has forwarded a copy of [redacted] complaint to the firm.
[redacted] expresses a concern
that his validation requests have been ignored. Midland Credit mailed [redacted] separate and unique validation letters –on June 27, 2012 for account
no. [redacted] and on January 7, 2011 for account no. [redacted]. These
letters informed him that Midland Funding had acquired the accounts, and of his
rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). Please note that the letters were mailed to the same
address listed within [redacted] complaint via the United States Postal
Service, and were not returned as “undeliverable” – satisfying the requirements
set forth within the FDCPA.
Midland Credit’s business records
indicate that it did not receive any correspondence disputing the debts or
requesting validation from Mr. Berrouet in response to the letters. A
review of Midland Credit’s business records for account no. 8550130972 indicates
that it received notice from the credit reporting agencies of a possible
dispute on April 25, 2013. However,
Midland Credit did not receive the first correspondence directly from Mr.
Berrouet until September 6, 2013. Neither of these communications can be
considered timely.
A review of Midland Credit’s and [redacted] business records indicate that no correspondence was received for
account no. [redacted] prior to the complaint filed through your office, which
also cannot be considered timely.
The FDCPA specifically states
that, unless a consumer provides a debt collector with notice of such a dispute
within 30 days of receiving the initial validation letter, “the debt will be
assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3).
Because Midland Credit did not receive such notices in a timely manner, Midland
Credit appropriately proceeded with efforts to contact [redacted] and collect
the debts. Copies of the verification information provided by the sellers are
enclosed for [redacted] records.
If [redacted] is ready to
settle account no. [redacted], he may qualify for a reduction in his account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist him in reaching a resolution that will be both beneficial to him, as
well as settle the account balance.
In regards to account no. [redacted] writes that he was
misled by Midland Credit due to threatening legal action without filing a small
claims case. As the account is currently out with [redacted] appropriate legal
action may be pursued. [redacted] is encouraged to work with [redacted] to
reach a beneficial resolution.
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 our Consumer Support Services
team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel,
Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in
California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I REJECT THE RESPONSE BY THE BUSINESS
You state that you do NOT report as the original creditor and if I pulled from a compilation site, that could explain why. Unfortunately for you, I didn't pull from a compilation site, I just now pulled again, directly from [redacted] a credit report and you are showing under "REVOLVING" ([redacted] defines these as "Revolving accounts are charge accounts that have a credit limit and require a minimum payment each month, such as most credit cards.") with the sub-header of "OTHER", then another sub-header of "CLOSED". You are NOT showing under COLLECTION accounts, therefore you are reading as if you are the original creditor for this account. There is NO mention of [redacted] who IS the original creditor.
Actually, coincidentally enough, [redacted], THE REAL ORIGINAL CREDITOR, shows under the same category of REVOLVING accounts as MCM does. [redacted] describes accounts under "OTHER" as "These are all accounts that do not fall into the other categories and can include 30-day accounts such as [redacted]" YOU ARE A COLLECTION COMPANY YOU SHOULD FALL UNDER COLLECTIONS. Furthermore, in a response to another Revdex.com complaint you stated "Midland Credit has been advised, and the standard in the industry is that as a debt buyer, it should report accounts as: current status – collection account; type of account – open; type of loan – factoring company account; additional information – collection account. " However, on my report, again, straight from the source, the current status is BLANK. You are obviously trying to report this as a revolving debt to have the most effect on my credit that you can, that is why you are showing on compilation sources as the original creditor.
The [redacted] account reports the date of first major delinquency as 02-2014 while you report it as 5-2014. And speaking of [redacted], I have recently received an email from them which I will upload as supporting documentation, that because of a review of their records that they are deleting the trade-line all together.
So you stated "Please note that Midland Funding is a debt buyer and does not provide consumers with credit," if that is the case you are violating the FCRA because of the way your account is showing on my [redacted] report, which is again STRAIGHT FROM THE SOURCE, you make no mention of the original creditor involved. THAT IS WHY YOU SHOW ON COMPILATION SITES AS THE ORIGINAL CREDITOR because you are not reporting correctly.
You can remove your account from all three credit bureaus, or I will seek legal counsel. I'm tired of going around in circles with Midland Credit Management. I have attached a copy of my credit report directly from [redacted] to prove to you that I am not getting it from a compilation source. If this is not fixed in 10 days, you can expect to hear from my lawyer. I didn't request a cease and desist, so you can go ahead and remove that as well.
Oh and last but not least, yes my wife has called about my account with you. I wasn't referencing the call with my wife. Conveniently you state you have no record of a phone call with me, unfortunate because whomever I spoke with should be reprimanded.
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.
Revdex.com:
Dear [redacted]
Thank you for allowing consumers like myself an opportunity to present our case. I truly appreciate your patience.
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland Funding has engaged in a fraudulent reporting of this account and has violated Fair Credit Reporting Act. In spite of my cease and desist request to not be contacted, which has been acknowledged by the responder, I still get contacted by them which is a blatant violation of Fair Credit Reporting Act. Please see the attachment.
Now if Midland can violate a federal law regarding my account, what else is to be expected? Midland Funding says that it sent me a debt verification. However what they did not mention is that the debt verification they sent did not include any agreement that I had with the alleged [redacted]. More so when [redacted] is contacted, they have no knowledge of any balance or account with them.
Midland Funding bought a bad debt with inadequate verification and documentation that would not convince any legal body of the United States to affirm that it is valid. I have several other correspondences and additional violations of the FCRA that I would be more than happy to present to Revdex.com that would clearly reveal who the real victim is in this scenario.
Midland has a clear choice to make. My next steps are to contact California state attorney general along with litigating on the FCRA violations and debt validation in [redacted].
I need this incorrect information removed from my credit file for this issue to be resolved.
Regards,[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received October 7, 2015.
Midland Credit appreciates the opportunity to answer your questions.
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 April 19, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on July 6, 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 March 12, 2012. The balance at the time of purchase was $593.24.
[redacted]
expresses a concern that there is a debt with Midland Credit on his credit
report which he did not open. [redacted] also writes that he disputed this
account with the credit bureaus yet it remains on his consumer credit files. On April 23,
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 the first notice of possible dispute from
the credit reporting agencies on or about August 26, 2015. In response, Midland Credit sent [redacted]
verification information provided by the seller along with a letter requesting he
provide further information if he still believed the account information is
inaccurate.
A
copy of the verification information provided by the seller is 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. Chaudhry v. Gallerizzo,
174 F.3d 394 (4th Cir. 1999).
[redacted] expresses a desire to have the above-referenced account deleted from his
consumer credit files upon resolving the balance. Please note that it is
Midland Credit’s policy to furnish accurate account information. Should
[redacted] pay the full balance, Midland Credit will furnish information for the
account as “Account paid in full, was a collection account.”
Should [redacted] pay less than the full balance, Midland Credit will also notify
the credit reporting agencies to add 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 the account information it is furnishing to the three major
credit reporting agencies is accurate.
[redacted] advises that the account may have been opened while he was ill by a family
friend who was caring for him. Midland
Credit stands ready to assist [redacted] in clearing his record if he has been a
victim of identity theft or fraud. If
such is in fact the case, Midland Credit respectfully requests that [redacted]
provide it with a copy of either a police report or affidavit of fraud showing
that he reported the fraudulent activity.
Please note that an affidavit of fraud can be found at
[redacted] If submitting an affidavit of fraud, [redacted]
should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where he can email questions to a Consumer Support
Services (CSS) specialist, find the answers to frequently asked questions, and
upload documents to support his request. Uploaded documents are
automatically sent to a CSS specialist, who will investigate the consumer’s
question and mail back a response. Or
[redacted] may forward appropriate documentation to CSS using the contact
information on this letterhead.
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]
Roman">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
January 30, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted]
filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response
to the CFPB is enclosed.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 17, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates
this account was originated on April 23, 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 February 28, 2010. The balance at the time of purchase was $1,444.64.
On March 20,
2011, 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. A review of Midland Credit’s
business records indicates that it received the first correspondence requesting
validation from her on January 5, 2015, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
Midland
Credit received notification of a possible dispute through the credit reporting
agencies on April 17, 2014. Although the
request was not timely, verification information provided by the seller was
mailed to [redacted] in response to her dispute. A copy of the verification information
provided by the seller is enclosed.
[redacted] questions whether the account is collectible due to the expiration of
the statute of limitations. A review of
Midland Credit’s business records indicates that the statute of limitations
does not expire until August 28, 2015.
However, please note that the passing of the statute of limitations does
not extinguish the validity of the debt.
Rather, it eliminates litigation as a potential remedy. Suit was filed on July 22, 2011, prior to the
expiration of the statute of limitations.
Additionally, although the suit was subsequently dismissed without
prejudice on December 6, 2011, please note that such a dismissal also does not
extinguish the validity of the debt. The
above-referenced account still remains collectible, due and owing to Midland
Credit.
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 encourages [redacted] to continue to work with [redacted] to assist in reaching a positive
resolution. She may reach [redacted] at their contact information provided above.
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 tried at every corner to get this off my credit. The police say it's to old to report. I've desputed this from the first time I knew about this. Midland credit never seems to get what I send or I never seem to get what they send. Midland has been sued many times for bad debit collections technics. So I've decided after I was told if I paid that it would be removed I paid a bill that was not mine then call to verify payment and the item would be removed and was informed no, I filed this complaint with Revdex.com. I've send written notorised statements at midland credits request... That they never get.
Now that midland credit management has started talking to me thru Revdex.com, maybe you can tell me where I can send another notorised statement yet a fourth time. Can it be done thru Revdex.com? Or sent certified mail to whom ever is talking with the Revdex.com? As I've stated at every turn. The acct was not mine. I think it was my uncle "died in late 2013". So please help me finally end the wrong info on my credit. I've even paid places to send letters to credit companies to dispute these charges. Please please help ]
Regards,
[redacted]
Dear [redacted]:
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated January 24, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received January 27, 2014 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 (hereinafter “Midland Funding”), on November 24, 2010. Information provided by the seller, [redacted] and [redacted] at the time of acquisition indicates this account was originated on July 31, 2005 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 February 22, 2009. The balance at the time of purchase was $408.83.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on May 17, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 23, 2007 as a [redacted] cellular account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 4, 2009. The balance at the time of purchase was $667.83.
[redacted] expresses a concern that his validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after it acquired the above-referenced accounts, it mailed [redacted] separate and unique validation letters on December 2, 2010 for account no. [redacted], and May 22, 2011 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received 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 of the letters, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies as required. If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
With that said, [redacted] writes he was previously a victim of fraud. If [redacted] believes the above-referenced accounts are also the result of fraud, Midland Credit stands ready to assist [redacted] in clearing his record. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact 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]:
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Thank you for your letter inquiry dated April 3, 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 27, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 18, 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 October 16, 2009. The balance at the time of purchase was $1,226.67.
[redacted] expresses a concern that his validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on August 29, 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 [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicate that it received the first correspondence sent to Midland Credit requesting validation from [redacted] on February 17, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact[redacted] and collect the debt.
With that said, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will 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 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 Ms. [redacted]:
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Thank you for your letter inquiry dated June 10, 2014, regarding Mrs. [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 November 26, 2013. Information provided by the seller, Asset Acceptance, LLC, at the time of acquisition indicates this account was originated on March 22, 2007 as an HSBC Bank Nevada, N.A. consumer loan account number ending in [redacted], in the name of [redacted] F [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 14, 2009. The balance at the time of purchase was $24,904.52.
Mrs. [redacted] expresses concern that the account is over 10 years old, and should be removed from her consumer credit files. Please note that information provided by the seller lists the first date of delinquency at April 16, 2009. This date also marks the start of the seven-year Federal Reporting Period (“FRP”). As such, the FRP for the above-referenced account does not expire until April 2016. Please note that this does not extinguish the debt. Rather, it will prevent the account from being reported to the credit reporting agencies. The account will still remain collectible, due and owing to Midland Credit.
A copy of the verification information provided by the seller is enclosed for Mrs. [redacted]’s records. A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the credit reporting agencies.
Lastly, Mrs. [redacted] writes that due to her situation, she cannot repay the full balance due. Please note that Midland Credit is sensitive to Mrs. [redacted]’s situation. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, Mrs. [redacted]’s account has been referred to Account Manager [redacted] Please have Mrs. [redacted] call her at (800) 825-8131 ext. [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 Mrs. [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