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]
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.
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
Dear Ms. [redacted]:
0in 0in 0pt;" class="MsoNormal">
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
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. While I appreciate Midland responding to my complaint, the information they have provided to you is not true. I have not received the correspondence that they claim to have sent after I initiated my compliant with the credit bureau. As a matter of fact, when I complained to the credit bureau, Midland changed the information from a closed collection account to an open collection account which did even more harm to my credit report. Midland also said they sent info confirming that the debt from [redacted] was accurate but I just received a letter directly from [redacted] saying that the account was closed in March of 2009. They say the date of last payment was at least 2 months before closing so the account is over 7 years old. [redacted] is deleting the account and, based on the laws governing credit reporting, Midland needs to delete it too.
I would appreciate it if they would remove the inaccurate information from all of the credit reporting agencies immediately.
Regards,[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated May 5, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant account information in its previous letter response to your office dated April 25, 2014.
[redacted] expresses a desire to have the above-referenced account deleted from his consumer credit files since he has provided proof that he is disabled. As stated in the previous response: After reviewing [redacted]’ correspondence, on February 26, 2014, pursuant to Article 3 of its Consumer Bill of Rights, Midland Credit suspended collection activity and marked the account “Cease and Desist.” Because the debt remains valid, Midland Credit will continue to accurately report the account. Please note that it is Midland Credit’s policy to report all accounts accurately. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
With that said, in [redacted]’ original complaint he expressed a concern that the balance of the account may be the result of fraudulent use of his credit card. Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of fraudulent use of his account. 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 along with proof that the account was in good standing prior to the fraudulent use. 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]
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.Date Sent: 5/19/2015 11:18:33 PM
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]
Hello, I’m responding to Midlands response. They stated that they sent me an attempt to collect a debt letter, and I failed to respond. I never received those letters so how can they say that they met the FDCRA requirements? Can you please ask them to provide me with proof that they sent and I received the attempt to collect a debt letters? If they can’t provide the proof, then they must either send me the following documentation:
(1). Full accounting for this account:
(2). Copy of the assignment of purchase from the creditor
(3). Every charge and what was purchased, fee, payment, credit, interest
(4). How you calculated what you claim I owe
(6). Full chain of assignments from charge off to present
(7). Proof that you own the debt with full clear title
(8). Proof that you were on the original contract
If they can’t send what I’m requesting, they have to stop reporting these inaccurate items until they can provide me with the list of documentation.
Regards,
[redacted]
'Times New Roman';">Re: Consumer complaint of [redacted] M [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry dated August 11, 2014, regarding Ms. [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 July 26, 2011. Information provided by the seller, Argent Holdings, LLC, at the time of acquisition indicates this account was originated on January 5, 2006 as a Wells Fargo Bank, N.A. VISA account number ending in 0114, 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 30, 2010. The balance at the time of purchase was $4,233.17.
Ms. [redacted] is requesting validation of her debt. Midland Credit sent Ms. [redacted] a validation letter on July 31, 2011. In the letter, Midland Credit informed that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from Ms. [redacted] in response to that letter or pursuant to the Texas 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 Ms. [redacted] and collect the debt.
Ms. [redacted] writes that the suit brought against her was dismissed, however, collection activity continues and/or the account is still reporting on her consumer credit files. Please note that a review of Midland Credit’s business records indicates that the suit was dismissed without prejudice, which does not extinguish the validity of the debt. The account remains due and owing to Midland Credit. Business records indicate that Midland Credit is accurately reporting the above-referenced account to the credit reporting agencies. Midland Credit will be closing its investigation of Ms. [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas 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 Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
:
Thank you for your follow-up letter inquiry dated April 3, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant account information in its previous letter response to your office dated March 27, 2014. As indicated in its previous letter response, a review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, Midland Credit mailed [redacted] a validation letter on June 3, 2012. This letter 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 written 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 written correspondence requesting validation of the above-referenced account from [redacted] on March 18, 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 notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the above-referenced 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.
Please note that with regard to [redacted]’s request for the above-referenced account to be removed from his consumer credit files, Midland Credit’s position has not changed, and it firmly stands behind its previous letter response. While the above-referenced account remains valid, due, and owing, it remains marked “Cease and Desist.” [redacted] will continue to no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 3, 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 is the servicer of the above-referenced account belonging to another consumer. During a search for the correct consumer, [redacted]’s address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the above-referenced account.
Please note, Midland Credit had no information that it was sending letters to the wrong address for the consumer until receipt of the complaint through your office. [redacted]’s address has been marked “Do Not Mail” in Midland Credit’s computer system for the above-referenced account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the above-referenced account. Please extend the apologies of Midland Credit to [redacted] for any frustration he might have experienced as a result of this error.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Per Midland assigning numbers to the complaint. Pointless!
Still an offshore boiler room looking for vulnerable citizens to defraud. This response is just an obfuscation. They will continue to do what they are doing. Probably to your Grandmother or Aunt.
[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.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up
letter
inquiry regarding [redacted]’s complaint, which
Midland Credit Management, Inc. (“Midland Credit”) received
March 13, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Based
on the police report provided by [redacted] and in accordance with Midland
Credit Management Inc.’s policy to react affirmatively to consumer issues, the
above-referenced accounts have been closed.
There will be no further collection activity or sale of these
accounts. In addition all three
credit-reporting agencies were notified to delete all reference to the accounts
from her consumer credit
files. [redacted] has no obligation for
these accounts.
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 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated May 7, 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 April 18, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 13, 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 August 31, 2009. The balance at the time of pur[redacted] was $2,520.42.
[redacted] writes the debt was previously resolved through the original creditor. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on April 21, 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. 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, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
When a resolution could not be reached, on June 17, 2012, this account was outsourced to the law firm of [redacted] (“[redacted]”) located at [redacted]. Their telephone number is [redacted] Judgment was ultimately awarded against [redacted]. A review of business records indicates that on March 12, 2014, wage deduction interrogatories were mailed to [redacted]’s employer, which has yet to respond. Further garnishment action has yet to occur.
While [redacted] has not provided direct proof that the account was previously resolved, he did provide what appears to be a copy of his credit report with a “paid” status from the original creditor. Midland Credit has contacted the original creditor to validate [redacted]’s claim. Once Midland Credit receives a response from the original creditor, it will provide a response to your office. Midland Credit will not report the account to the credit reporting agencies until it receives notification from the original creditor. Please note because Midland Credit does not report matters of public record, the Judgment appearing on the public record section of his credit report is not affected, and remains valid pending the original creditor’s response.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The company violated my rights by inserting the disputed account on my credit report before proper validation was provided. I ask that all information is deleted promptly, for it is improperly entered while under dispute. In addition a letter was sent to Midland certified mail to send validation to the correct address and allow 30 days to validate.
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.
Midland Credit Management, Inc.
(Midland Credit) stated that I have filed similar complaints with the Consumer
Financial Protection Bureau ([redacted]). This information is correct. I have filed
complaints against Midland Credit because their records are not accurate and
are reporting inaccurate information on my credit reports. The reporting of
this inaccurate information is damaging and has caused me monetary damage (i.e.
higher interest rates). I can assure you that I will continue to request that
Midland Credit remove these inaccurate accounts from my credit reports and I
will seek any available channel available to me. I will seek any and all legal
remedies as a last resort and the documentation provided by Midland Credit
through the Revdex.com (Revdex.com) and the [redacted] will serve as solid
evidence in such case.
Midland Credit claims that alleged account [redacted] had a
balance of $1,559.28 at the time of purchase. However, Midland Credit has been
reporting this account on my credit reports with a balance of $2,404.00. How is
it that Midland Credit is reporting a balance on this alleged account that is
almost $1,000.00 more than the said purchased amount? The Fair Debt Collection
Practices Act (FDCPA) prohibits the false misrepresentation of “the character,
amount, or legal status of any debt.”
In reference to alleged account [redacted], Midland Credit
claims that said account had a balance of $2,884.88 at the time of purchase.
Again as with account [redacted] Midland Credit is reporting inaccurate information
on my credit reports. Midland Credit has been reporting this alleged account
with a balance of $3,119.00. In addition, Midland Credit stated that a
validation letter regarding this account was first received on or about June
19, 2015. Midland Credit’s response to that letter stated they were reporting
accurate information. However, Midland Credit stated in the [redacted] complaint that
they were unable to produce verification proof and have not been reporting this
account on my credit reports as of late. Midland Credit has been reporting
unverifiable information and an inaccurate amount to the credit reporting
bureaus which are also violations. For the record, a Midland Credit
representative stated that the balance on this alleged account showed to be
$3,600.00 at one point in time.
In regards to alleged account[redacted], Midland Credit claims that the balance at the time of purchase was
1,940.41. However, documentation supplied by Midland Credit to the [redacted] shows
that the alleged account had a balance of $1,915.41. This account’s amount is
also being falsely misrepresented and inaccurately being reporting to the
credit reporting agencies. As
per Sunga v. Rees Broome, P.C., 2010 U.S. Dist. LEXIS 81970 (August 12, 2010),
Misstating the amount a Consumer owes by a mere penny may constitute a
violation of the FDCPA. FDCPA prohibits the use of any false, deceptive, or
misleading representations in an attempt to collect a debt. See 15 U.S.C. §
1692e.
Midland Credit claims that unique and separate validation letters were sent on or about October 29,
2010 for account [redacted], on or about December 17, 2010 for account[redacted], and on or about April 2, 2012 for account [redacted]. I never
received said validation letters. Midland Credit should take extra measures
(i.e. certified mail & delivery confirmation) in their alleged validation
efforts.
As per evidence presented above, Midland Credit has
committed several violations under the FDCPA. I request all references to these
accounts be deleted from my credit reports and completely removed from my
credit file.
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,
According to the information given to us by your firm, the date of last activity by the original creditor was 7/08 The State of Limitations on this alleged debt, even should it be ours, is 4 years in the state of California. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute:
[15 USC 1692e](2) The false representation of --
(A) the legal status of the alleged debt
and
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.
Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities.
Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me.
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]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 2, 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 is the servicer of the four above-referenced accounts belonging to [redacted], which are currently being reported on her consumer credit files. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 26, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 30, 2006, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of purchase was $676.34.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 25, 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 March 5, 2009. The balance at the time of purchase was $707.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on May 24, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 23, 2006, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of purchase was $627.76.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on April 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 23, 2012, 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 March 26, 2014. The balance at the time of purchase was $980.22.
[redacted] writes that Midland Credit has not provided verification of the debts. Midland Credit mailed [redacted] separate and unique validation letters – on June 4, 2009 for account no. [redacted], on October 5, 2009 for account no. [redacted], on May 28, 2010 for account no. [redacted], and on June 25, 2014 for account no. [redacted]. These letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. Midland Credit received the first correspondence requesting validation from [redacted] on November 17, 2014 for account no. [redacted], on October 8, 2010 for account no. [redacted] on November 15, 2014 for account no. [redacted], and on October 29, 2014 for account no. [redacted], which cannot be considered timely. While her validation requests could not be considered timely, Midland Credit appropriately responded to each request by mailing [redacted] a letter indicating that Midland Credit would require further documentation substantiating her dispute. Such documentation may still be submitted to Midland Credit’s Consumer Support Services Department at the address on this letterhead.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. With that said, copies of the verification information provided by the sellers for account nos. [redacted] and [redacted], which were previously mailed to [redacted], are enclosed for her records.
[redacted] writes that she continues to receive correspondence from Midland Credit with regard to the above-referenced accounts even though the Statute of Limitations has expired. A review of Midland Credit’s business records indicates that the statute of limitations expired on October 25, 2012 for account no. [redacted], on August 4, 2012 for account no. [redacted], and on October 20, 2012 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. The above-referenced accounts still remain collectible, due and owing to Midland Credit. The statute of limitations for account no. [redacted] does not expire until September 27, 2017.
If [redacted] is ready to settle the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balances.
In the meantime, per her previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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.
Regards,
[redacted]
Hello. I do not accept there response. This company is possibly still furnishing information about this account to the credit reporting agencies, not in the sense of Midlands account number, but the original creditors trade line ending in [redacted] I would just like confirmation from Midland that they are not providing any furnished information in any way to the credit reporting agencies and I will close this account. Thank You.
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] M [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 16, 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 May 17, 2011. Information provided by the seller, Citibank (South Dakota), N.A., at the time of acquisition indicates this account was originated on August 22, 2009, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 17, 2011. The balance at the time of purchase was $1,186.67.
Mr. [redacted] writes that Midland Credit placed a comment on his credit report which states that he disputes this debt. A review of Midland Credit’s business records indicates that a dispute code was added to this account in 2012, causing the dispute comment to appear on Mr. [redacted]’s credit report. Midland Credit apologizes if this was an error.
Please note that Midland Credit has received several notices of possible dispute from the credit reporting agencies regarding this account. However, as Mr. [redacted] states within the complaint that he is not disputing this debt, Midland Credit has submitted an instant update to the three major credit reporting agencies to remove the dispute comment from his credit report. The credit reporting agencies have advised that this should reflect on Mr. [redacted]’s credit report within 30-60 days.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit again apologizes for any 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
Dear [redacted]
New Roman">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to another consumer. During a search for the correct consumer, [redacted] 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 accounts. Please note, Midland Credit had no information that the number provided in [redacted] complaint was a wrong number for the consumer until receipt of the complaint through your office.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. 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 accounts.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID[redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
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]
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]
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
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
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. While I appreciate Midland responding to my complaint, the information they have provided to you is not true. I have not received the correspondence that they claim to have sent after I initiated my compliant with the credit bureau. As a matter of fact, when I complained to the credit bureau, Midland changed the information from a closed collection account to an open collection account which did even more harm to my credit report. Midland also said they sent info confirming that the debt from [redacted] was accurate but I just received a letter directly from [redacted] saying that the account was closed in March of 2009. They say the date of last payment was at least 2 months before closing so the account is over 7 years old. [redacted] is deleting the account and, based on the laws governing credit reporting, Midland needs to delete it too.
I would appreciate it if they would remove the inaccurate information from all of the credit reporting agencies immediately.
Regards,[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated May 5, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant account information in its previous letter response to your office dated April 25, 2014.
[redacted] expresses a desire to have the above-referenced account deleted from his consumer credit files since he has provided proof that he is disabled. As stated in the previous response: After reviewing [redacted]’ correspondence, on February 26, 2014, pursuant to Article 3 of its Consumer Bill of Rights, Midland Credit suspended collection activity and marked the account “Cease and Desist.” Because the debt remains valid, Midland Credit will continue to accurately report the account. Please note that it is Midland Credit’s policy to report all accounts accurately. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
With that said, in [redacted]’ original complaint he expressed a concern that the balance of the account may be the result of fraudulent use of his credit card. Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of fraudulent use of his account. 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 along with proof that the account was in good standing prior to the fraudulent use. 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]
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.Date Sent: 5/19/2015 11:18:33 PM
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]
Hello, I’m responding to Midlands response. They stated that they sent me an attempt to collect a debt letter, and I failed to respond. I never received those letters so how can they say that they met the FDCRA requirements? Can you please ask them to provide me with proof that they sent and I received the attempt to collect a debt letters? If they can’t provide the proof, then they must either send me the following documentation:
(1). Full accounting for this account:
(2). Copy of the assignment of purchase from the creditor
(3). Every charge and what was purchased, fee, payment, credit, interest
(4). How you calculated what you claim I owe
(6). Full chain of assignments from charge off to present
(7). Proof that you own the debt with full clear title
(8). Proof that you were on the original contract
If they can’t send what I’m requesting, they have to stop reporting these inaccurate items until they can provide me with the list of documentation.
Regards,
[redacted]
'Times New Roman';">Re: Consumer complaint of [redacted] M [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry dated August 11, 2014, regarding Ms. [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 July 26, 2011. Information provided by the seller, Argent Holdings, LLC, at the time of acquisition indicates this account was originated on January 5, 2006 as a Wells Fargo Bank, N.A. VISA account number ending in 0114, 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 30, 2010. The balance at the time of purchase was $4,233.17.
Ms. [redacted] is requesting validation of her debt. Midland Credit sent Ms. [redacted] a validation letter on July 31, 2011. In the letter, Midland Credit informed that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from Ms. [redacted] in response to that letter or pursuant to the Texas 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 Ms. [redacted] and collect the debt.
Ms. [redacted] writes that the suit brought against her was dismissed, however, collection activity continues and/or the account is still reporting on her consumer credit files. Please note that a review of Midland Credit’s business records indicates that the suit was dismissed without prejudice, which does not extinguish the validity of the debt. The account remains due and owing to Midland Credit. Business records indicate that Midland Credit is accurately reporting the above-referenced account to the credit reporting agencies. Midland Credit will be closing its investigation of Ms. [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas 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 Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
:
Thank you for your follow-up letter inquiry dated April 3, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant account information in its previous letter response to your office dated March 27, 2014. As indicated in its previous letter response, a review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, Midland Credit mailed [redacted] a validation letter on June 3, 2012. This letter 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 written 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 written correspondence requesting validation of the above-referenced account from [redacted] on March 18, 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 notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the above-referenced 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.
Please note that with regard to [redacted]’s request for the above-referenced account to be removed from his consumer credit files, Midland Credit’s position has not changed, and it firmly stands behind its previous letter response. While the above-referenced account remains valid, due, and owing, it remains marked “Cease and Desist.” [redacted] will continue to no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
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Thank you for your letter inquiry dated February 3, 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 is the servicer of the above-referenced account belonging to another consumer. During a search for the correct consumer, [redacted]’s address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the above-referenced account.
Please note, Midland Credit had no information that it was sending letters to the wrong address for the consumer until receipt of the complaint through your office. [redacted]’s address has been marked “Do Not Mail” in Midland Credit’s computer system for the above-referenced account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the above-referenced account. Please extend the apologies of Midland Credit to [redacted] for any frustration he might have experienced as a result of this error.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Per Midland assigning numbers to the complaint. Pointless!
Still an offshore boiler room looking for vulnerable citizens to defraud. This response is just an obfuscation. They will continue to do what they are doing. Probably to your Grandmother or Aunt.
[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.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up
letter
inquiry regarding [redacted]’s complaint, which
Midland Credit Management, Inc. (“Midland Credit”) received
March 13, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Based
on the police report provided by [redacted] and in accordance with Midland
Credit Management Inc.’s policy to react affirmatively to consumer issues, the
above-referenced accounts have been closed.
There will be no further collection activity or sale of these
accounts. In addition all three
credit-reporting agencies were notified to delete all reference to the accounts
from her consumer credit
files. [redacted] has no obligation for
these accounts.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated May 7, 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 April 18, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 13, 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 August 31, 2009. The balance at the time of pur[redacted] was $2,520.42.
[redacted] writes the debt was previously resolved through the original creditor. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on April 21, 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. 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, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
When a resolution could not be reached, on June 17, 2012, this account was outsourced to the law firm of [redacted] (“[redacted]”) located at [redacted]. Their telephone number is [redacted] Judgment was ultimately awarded against [redacted]. A review of business records indicates that on March 12, 2014, wage deduction interrogatories were mailed to [redacted]’s employer, which has yet to respond. Further garnishment action has yet to occur.
While [redacted] has not provided direct proof that the account was previously resolved, he did provide what appears to be a copy of his credit report with a “paid” status from the original creditor. Midland Credit has contacted the original creditor to validate [redacted]’s claim. Once Midland Credit receives a response from the original creditor, it will provide a response to your office. Midland Credit will not report the account to the credit reporting agencies until it receives notification from the original creditor. Please note because Midland Credit does not report matters of public record, the Judgment appearing on the public record section of his credit report is not affected, and remains valid pending the original creditor’s response.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The company violated my rights by inserting the disputed account on my credit report before proper validation was provided. I ask that all information is deleted promptly, for it is improperly entered while under dispute. In addition a letter was sent to Midland certified mail to send validation to the correct address and allow 30 days to validate.
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.
Midland Credit Management, Inc.
(Midland Credit) stated that I have filed similar complaints with the Consumer
Financial Protection Bureau ([redacted]). This information is correct. I have filed
complaints against Midland Credit because their records are not accurate and
are reporting inaccurate information on my credit reports. The reporting of
this inaccurate information is damaging and has caused me monetary damage (i.e.
higher interest rates). I can assure you that I will continue to request that
Midland Credit remove these inaccurate accounts from my credit reports and I
will seek any available channel available to me. I will seek any and all legal
remedies as a last resort and the documentation provided by Midland Credit
through the Revdex.com (Revdex.com) and the [redacted] will serve as solid
evidence in such case.
Midland Credit claims that alleged account [redacted] had a
balance of $1,559.28 at the time of purchase. However, Midland Credit has been
reporting this account on my credit reports with a balance of $2,404.00. How is
it that Midland Credit is reporting a balance on this alleged account that is
almost $1,000.00 more than the said purchased amount? The Fair Debt Collection
Practices Act (FDCPA) prohibits the false misrepresentation of “the character,
amount, or legal status of any debt.”
In reference to alleged account [redacted], Midland Credit
claims that said account had a balance of $2,884.88 at the time of purchase.
Again as with account [redacted] Midland Credit is reporting inaccurate information
on my credit reports. Midland Credit has been reporting this alleged account
with a balance of $3,119.00. In addition, Midland Credit stated that a
validation letter regarding this account was first received on or about June
19, 2015. Midland Credit’s response to that letter stated they were reporting
accurate information. However, Midland Credit stated in the [redacted] complaint that
they were unable to produce verification proof and have not been reporting this
account on my credit reports as of late. Midland Credit has been reporting
unverifiable information and an inaccurate amount to the credit reporting
bureaus which are also violations. For the record, a Midland Credit
representative stated that the balance on this alleged account showed to be
$3,600.00 at one point in time.
In regards to alleged account[redacted], Midland Credit claims that the balance at the time of purchase was
1,940.41. However, documentation supplied by Midland Credit to the [redacted] shows
that the alleged account had a balance of $1,915.41. This account’s amount is
also being falsely misrepresented and inaccurately being reporting to the
credit reporting agencies. As
per Sunga v. Rees Broome, P.C., 2010 U.S. Dist. LEXIS 81970 (August 12, 2010),
Misstating the amount a Consumer owes by a mere penny may constitute a
violation of the FDCPA. FDCPA prohibits the use of any false, deceptive, or
misleading representations in an attempt to collect a debt. See 15 U.S.C. §
1692e.
Midland Credit claims that unique and separate validation letters were sent on or about October 29,
2010 for account [redacted], on or about December 17, 2010 for account[redacted], and on or about April 2, 2012 for account [redacted]. I never
received said validation letters. Midland Credit should take extra measures
(i.e. certified mail & delivery confirmation) in their alleged validation
efforts.
As per evidence presented above, Midland Credit has
committed several violations under the FDCPA. I request all references to these
accounts be deleted from my credit reports and completely removed from my
credit file.
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,
According to the information given to us by your firm, the date of last activity by the original creditor was 7/08 The State of Limitations on this alleged debt, even should it be ours, is 4 years in the state of California. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute:
[15 USC 1692e](2) The false representation of --
(A) the legal status of the alleged debt
and
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.
Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities.
Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me.
Regards,
[redacted]
March 13, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 2, 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 is the servicer of the four above-referenced accounts belonging to [redacted], which are currently being reported on her consumer credit files. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 26, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 30, 2006, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of purchase was $676.34.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 25, 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 March 5, 2009. The balance at the time of purchase was $707.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on May 24, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 23, 2006, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of purchase was $627.76.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on April 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 23, 2012, 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 March 26, 2014. The balance at the time of purchase was $980.22.
[redacted] writes that Midland Credit has not provided verification of the debts. Midland Credit mailed [redacted] separate and unique validation letters – on June 4, 2009 for account no. [redacted], on October 5, 2009 for account no. [redacted], on May 28, 2010 for account no. [redacted], and on June 25, 2014 for account no. [redacted]. These letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. Midland Credit received the first correspondence requesting validation from [redacted] on November 17, 2014 for account no. [redacted], on October 8, 2010 for account no. [redacted] on November 15, 2014 for account no. [redacted], and on October 29, 2014 for account no. [redacted], which cannot be considered timely. While her validation requests could not be considered timely, Midland Credit appropriately responded to each request by mailing [redacted] a letter indicating that Midland Credit would require further documentation substantiating her dispute. Such documentation may still be submitted to Midland Credit’s Consumer Support Services Department at the address on this letterhead.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. With that said, copies of the verification information provided by the sellers for account nos. [redacted] and [redacted], which were previously mailed to [redacted], are enclosed for her records.
[redacted] writes that she continues to receive correspondence from Midland Credit with regard to the above-referenced accounts even though the Statute of Limitations has expired. A review of Midland Credit’s business records indicates that the statute of limitations expired on October 25, 2012 for account no. [redacted], on August 4, 2012 for account no. [redacted], and on October 20, 2012 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. The above-referenced accounts still remain collectible, due and owing to Midland Credit. The statute of limitations for account no. [redacted] does not expire until September 27, 2017.
If [redacted] is ready to settle the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balances.
In the meantime, per her previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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.
Regards,
[redacted]
Hello. I do not accept there response. This company is possibly still furnishing information about this account to the credit reporting agencies, not in the sense of Midlands account number, but the original creditors trade line ending in [redacted] I would just like confirmation from Midland that they are not providing any furnished information in any way to the credit reporting agencies and I will close this account. Thank You.
June 29, 2015
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 [redacted] M [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 16, 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 May 17, 2011. Information provided by the seller, Citibank (South Dakota), N.A., at the time of acquisition indicates this account was originated on August 22, 2009, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 17, 2011. The balance at the time of purchase was $1,186.67.
Mr. [redacted] writes that Midland Credit placed a comment on his credit report which states that he disputes this debt. A review of Midland Credit’s business records indicates that a dispute code was added to this account in 2012, causing the dispute comment to appear on Mr. [redacted]’s credit report. Midland Credit apologizes if this was an error.
Please note that Midland Credit has received several notices of possible dispute from the credit reporting agencies regarding this account. However, as Mr. [redacted] states within the complaint that he is not disputing this debt, Midland Credit has submitted an instant update to the three major credit reporting agencies to remove the dispute comment from his credit report. The credit reporting agencies have advised that this should reflect on Mr. [redacted]’s credit report within 30-60 days.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit again apologizes for any 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
Dear [redacted]
New Roman">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to another consumer. During a search for the correct consumer, [redacted] 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 accounts. Please note, Midland Credit had no information that the number provided in [redacted] complaint was a wrong number for the consumer until receipt of the complaint through your office.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. 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 accounts.
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]