'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 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]
Dear [redacted]
class="MsoBodyText3">Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
December 15, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on September 8, 2009. Information provided by the seller, [redacted], [redacted], at the time of acquisition indicates this account was
originated on April 27, 2007 as a [redacted] account number
ending in [redacted] in the name of [redacted] [redacted], under the
last four of the social security number [redacted] Subsequently, the account was charged-off as
an unpaid delinquent-debt on April 7, 2009. The balance at the time of purchase was $875.60.
[redacted]
expresses concern that a debt that he paid over three year ago is still active
on his credit report, and requests to have the account removed from his credit
report. A review of Midland Credit’s business records
indicates that on May 2, 2010, this
account was assigned to the law firm of [redacted] & [redacted], [redacted]
(“[redacted]”). [redacted] has advised that suit was filed on
July 21, 2010, [redacted] served on July 29, 2010, and judgment was awarded on
September 24, 2010. Ultimately, the
judgment was fully paid through a wage remittance on October 12, 2012. [redacted] further advises that a letter was
mailed to [redacted] on or about December 11, 2015, confirming that the account is
paid in full. Due to an oversight by the
courts, the Warrant of Satisfaction was not returned by the Court Officer when
the judgment was initially satisfied.
However, [redacted] contacted the Court on December 18, 2015, and
confirmed that the judgment file is reflecting as closed. Additionally, [redacted] is taking steps to
submit the Warrant of Satisfaction on [redacted] behalf.
[redacted] has no further financial obligation for the above-referenced account. Please note that Midland Credit only reports
the tradeline of the above-referenced account. In this case, Midland Credit
previously ceased reporting the tradeline. The credit reporting agencies report
the judgment as a matter of public record and do so in accordance with
applicable law. Midland Credit has no jurisdiction over the credit reporting of
any matters of public record.
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], or
[redacted] directly 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]
March 11, 2015
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VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] writes that she recently received a check from Midland Credit, made to the spouse of a client, and requests information as to why she received the check. [redacted] also requests to know why she is listed as having power of attorney for the account.
An investigation of this matter indicates that the original issuer forwarded a payment for the account in 2010, along with documentation from [redacted] concerning the payment. Because her information was included in the documents forwarded by the original issuer, [redacted]’s contact information was mistakenly updated to the account as a Power of Attorney. Midland Credit apologizes for the inconvenience.
Regarding the check [redacted] received, a review of records indicates that the original issuer forwarded the payment to Midland Credit in error, and the payment was returned to the address on file. However, Midland Credit has now issued a stop payment on the check, and will return the payment back to the issuer. Additionally, [redacted]’s contact information has been removed from the account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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]
size="3">Thank you for your letter inquiry
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 6, 2016.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland
Funding”), on November 25, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on January 7, 2013, as a [redacted] Visa 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 29, 2014. The balance at the time of purchase was $1,603.25.
Ms.
[redacted] expresses concern over the payment arrangements on her account, namely
that after coming to an arrangement to resolve the balance and calling in to
make a payment, the Midland Credit representative was unable to accept her form
of payment as a one-time debit payment.
While Ms. [redacted] was offered an alternative method of payment, Midland
Credit apologizes for the inconvenience caused to Ms. [redacted]. Please note that Midland Credit
representatives have strict guidelines they must adhere to when offering and
accepting payment offers. Due to those
guidelines, Midland Credit was unable to accept Ms. [redacted]’s form of payment.
In
keeping with Midland Credit’s Consumer-First policy, and to provide the highest
level of consumer satisfaction, Ms. [redacted]’s account has been referred to
Account Manager [redacted]. Ms. [redacted]
may call her at (800) 825-8131 ext. [redacted] to assist in reaching a resolution of
the account balance.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to 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.
Gregory Gerkin,
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
April 26, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com#[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 12, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] 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 referenced account.
[redacted] address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure [redacted] that she will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
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]
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]
[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.
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]
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]
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]
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]
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
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]
Every six months they will "void" a previously agreed upon 'settlement' and payment amount, and then attempt to blame the consumer for 'cancelling the payment without notice' -- it has happened twice. The most event they even went so far as to lie that my wife had called them and told them to stop taking payments. A boldface lie! They then proceeded to call 6-12 times per day, never leaving a message on the answering machine. This is harrassment. We NEVER stopped making payments, they stopped extracting the previously agreed upon amount from my checking account. This company should be denied the ability to be in business. I can hardly contain myself waiting for six months from now to see what new LIE they come up with.
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 18, 2014. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on October 24, 2011 as a [redacted] account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on January 5, 2014. The balance at the time of purchase was $631.85.
[redacted] expresses a concern that he has not received validation of this debt. On February 28, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first notice of possible dispute from the credit reporting agencies regarding this account on January 27, 2015. In response, Midland Credit mailed [redacted] a copy of the verification information with a letter requesting more information regarding the basis of his dispute. A copy of that documentation is again enclosed for his records.
[redacted] also questions whether Midland Credit is furnishing accurate account information as a “Factoring Company” on his consumer credit files. A review of Midland Credit’s business records indicates that it is using the appropriate Metro 2 code to describe itself as a “Debt Buyer” to the three major credit reporting agencies. However, it has no control over the manner in which each credit reporting agency decides to display that information. [redacted] is encouraged to communicate directly with the credit bureaus should he have any further concerns. With that said, a review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Additionally, [redacted] writes that when he contacted the original creditor, the representative advised him that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
Per [redacted]’s request to stop receiving mail, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
'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 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]
Dear [redacted]
class="MsoBodyText3">Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
December 15, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on September 8, 2009. Information provided by the seller, [redacted], [redacted], at the time of acquisition indicates this account was
originated on April 27, 2007 as a [redacted] account number
ending in [redacted] in the name of [redacted] [redacted], under the
last four of the social security number [redacted] Subsequently, the account was charged-off as
an unpaid delinquent-debt on April 7, 2009. The balance at the time of purchase was $875.60.
[redacted]
expresses concern that a debt that he paid over three year ago is still active
on his credit report, and requests to have the account removed from his credit
report. A review of Midland Credit’s business records
indicates that on May 2, 2010, this
account was assigned to the law firm of [redacted] & [redacted], [redacted]
(“[redacted]”). [redacted] has advised that suit was filed on
July 21, 2010, [redacted] served on July 29, 2010, and judgment was awarded on
September 24, 2010. Ultimately, the
judgment was fully paid through a wage remittance on October 12, 2012. [redacted] further advises that a letter was
mailed to [redacted] on or about December 11, 2015, confirming that the account is
paid in full. Due to an oversight by the
courts, the Warrant of Satisfaction was not returned by the Court Officer when
the judgment was initially satisfied.
However, [redacted] contacted the Court on December 18, 2015, and
confirmed that the judgment file is reflecting as closed. Additionally, [redacted] is taking steps to
submit the Warrant of Satisfaction on [redacted] behalf.
[redacted] has no further financial obligation for the above-referenced account. Please note that Midland Credit only reports
the tradeline of the above-referenced account. In this case, Midland Credit
previously ceased reporting the tradeline. The credit reporting agencies report
the judgment as a matter of public record and do so in accordance with
applicable law. Midland Credit has no jurisdiction over the credit reporting of
any matters of public record.
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], or
[redacted] directly 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]
March 11, 2015
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] writes that she recently received a check from Midland Credit, made to the spouse of a client, and requests information as to why she received the check. [redacted] also requests to know why she is listed as having power of attorney for the account.
An investigation of this matter indicates that the original issuer forwarded a payment for the account in 2010, along with documentation from [redacted] concerning the payment. Because her information was included in the documents forwarded by the original issuer, [redacted]’s contact information was mistakenly updated to the account as a Power of Attorney. Midland Credit apologizes for the inconvenience.
Regarding the check [redacted] received, a review of records indicates that the original issuer forwarded the payment to Midland Credit in error, and the payment was returned to the address on file. However, Midland Credit has now issued a stop payment on the check, and will return the payment back to the issuer. Additionally, [redacted]’s contact information has been removed from the account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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 Ms. [redacted]:
size="3">Thank you for your letter inquiry
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 6, 2016.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland
Funding”), on November 25, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on January 7, 2013, as a [redacted] Visa 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 29, 2014. The balance at the time of purchase was $1,603.25.
Ms.
[redacted] expresses concern over the payment arrangements on her account, namely
that after coming to an arrangement to resolve the balance and calling in to
make a payment, the Midland Credit representative was unable to accept her form
of payment as a one-time debit payment.
While Ms. [redacted] was offered an alternative method of payment, Midland
Credit apologizes for the inconvenience caused to Ms. [redacted]. Please note that Midland Credit
representatives have strict guidelines they must adhere to when offering and
accepting payment offers. Due to those
guidelines, Midland Credit was unable to accept Ms. [redacted]’s form of payment.
In
keeping with Midland Credit’s Consumer-First policy, and to provide the highest
level of consumer satisfaction, Ms. [redacted]’s account has been referred to
Account Manager [redacted]. Ms. [redacted]
may call her at (800) 825-8131 ext. [redacted] to assist in reaching a resolution of
the account balance.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to 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.
Gregory Gerkin,
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
April 26, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com#[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 12, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] 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 referenced account.
[redacted] address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure [redacted] that she will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
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]
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]
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.
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]
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]
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]
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]
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]
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]
Every six months they will "void" a previously agreed upon 'settlement' and payment amount, and then attempt to blame the consumer for 'cancelling the payment without notice' -- it has happened twice. The most event they even went so far as to lie that my wife had called them and told them to stop taking payments. A boldface lie! They then proceeded to call 6-12 times per day, never leaving a message on the answering machine. This is harrassment. We NEVER stopped making payments, they stopped extracting the previously agreed upon amount from my checking account. This company should be denied the ability to be in business. I can hardly contain myself waiting for six months from now to see what new LIE they come up with.
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 18, 2014. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on October 24, 2011 as a [redacted] account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on January 5, 2014. The balance at the time of purchase was $631.85.
[redacted] expresses a concern that he has not received validation of this debt. On February 28, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first notice of possible dispute from the credit reporting agencies regarding this account on January 27, 2015. In response, Midland Credit mailed [redacted] a copy of the verification information with a letter requesting more information regarding the basis of his dispute. A copy of that documentation is again enclosed for his records.
[redacted] also questions whether Midland Credit is furnishing accurate account information as a “Factoring Company” on his consumer credit files. A review of Midland Credit’s business records indicates that it is using the appropriate Metro 2 code to describe itself as a “Debt Buyer” to the three major credit reporting agencies. However, it has no control over the manner in which each credit reporting agency decides to display that information. [redacted] is encouraged to communicate directly with the credit bureaus should he have any further concerns. With that said, a review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Additionally, [redacted] writes that when he contacted the original creditor, the representative advised him that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
Per [redacted]’s request to stop receiving mail, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure