January 6, 2016
New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 23, 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 August 29, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 17, 1991, 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 6, 2013. The balance at the time of purchase was $3,624.04.
[redacted] expresses a concern that there is an unknown account on his credit report. On September 12, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on August 21, 2015. In response to the dispute at that time, verification information provided by the seller was mailed to [redacted]. A copy of that documentation is again enclosed for his records. 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.
A review of Midland Credit’s business records indicates that on June 28, 2015, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department indicates that in a hearing on November 19, 2015, a stipulation agreement was reached and a copy of the stipulation was mailed to [redacted] to sign and return to the Internal Legal Department.
[redacted] also requests a breakdown of how the balance was reached. As stated above, this account was purchased from the seller with a balance of $3,624.04. Midland Credit has not added interest or fees to the balance of the account.
Midland Credit encourages [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution. [redacted] may reach the Internal Legal Department at PO Box 969050, San Diego, CA 92193. Their phone number is [redacted]
Per [redacted] request to no longer receive phone calls, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
January 26, 2016
New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 12, 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 October 27, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated on April 1, 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 March 31, 2010. The balance at the time of purchase was $2,929.85.
[redacted] states she had previously disputed this debt with [redacted]. On December 6, 2011, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within [redacted]’s complaint 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 a notice of possible dispute from the credit reporting agencies on December 27, 2015. In response, Midland Credit mailed [redacted] a letter providing account information with a copy of the verification information provided by the seller.
With that said, upon receipt of [redacted]’s complaint, Midland Credit acknowledged [redacted]’s dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of further verifying the debt. Once Midland Credit has obtained further verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with further information.
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]
class="MsoNormal">
Thank you for your letter inquiry dated July 17, 2014, regarding Ms. [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 an account belonging to another consumer with a name similar to Ms. [redacted]’s. During a search for the correct consumer, Ms. [redacted]’s phone number and address were 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.
Ms. [redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account, and her address marked “Do Not Mail.” Ms. [redacted] will no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, Ms. [redacted]’s telephone number [redacted] has been added to an exclusion list to prevent it from being called in the future.
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 our Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 25, 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 December 15, 2011. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on March 7, 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 November 13, 2011. The balance at the time of purchase was $659.74. A review of Midland Credit’s business records indicates that on November 8, 2015, this account was placed with [redacted]. (“[redacted]”).
[redacted] expresses a concern regarding the verification information that was previously mailed to him being sufficient to show that the debt belongs to him. Please note, the documentation was provided by the seller, matches the name and address supplied by [redacted] within his inquiry through your office, and meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Although verification information provided by the seller was already mailed to [redacted] in response to his prior disputes, a copy of that documentation is again enclosed for his records.
[redacted] also alleges that he never requested Midland Credit to submit a “disputed” remark to the credit reporting agencies and claims that he never disputed the account himself. A review of Midland Credit’s business records indicate that it has received multiple notifications of possible disputes from the credit reporting agencies that were submitted by [redacted]. In addition, Mr. Conroy submitted a complaint through the CFPB (“Consumer Financial Protection Bureau”) on January 20, 2015 where he specifically indicated that he disputed the information that Midland Credit was reporting. In response to those disputes submitted by [redacted], Midland Credit is required to update the credit reporting agencies with this information. 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.
Should [redacted] wish to have the dispute notation removed from his consumer credit files, he may submit a written request, stating that he does not dispute that the debt belongs to him to Consumer Support Services using the address on this letterhead. However, please note that requesting validation of the debt or full removal of the account from his consumer credit files is also treated as a dispute.
The debt remains placed with [redacted] at this time. Midland Credit encourages [redacted] to work with the firm to assist in reaching a positive resolution. He may reach [redacted] at [redacted]. Their phone number is [redacted].
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
October 21, 2015
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that he is receiving calls from Midland Credit for another party. 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] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted] also states that he spoke with a Midland Credit representative regarding his phone number being incorrect for the intended party. Midland Credit has been unable to locate a phone conversation with [redacted]. If he could provide the date and time of the call, Midland Credit would be able to conduct further investigation. [redacted] may contact Midland Credit’s Consumer Support Services team at [redacted] to provide such information.
With that said, [redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number, [redacted], has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[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 follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] requests that Midland Credit provide all documentation pertaining to the account that Midland Credit used in coming to its conclusion in its previous response, including call recordings. Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 17, 2015. Please note that Midland Credit does not provide copies of account notes or call recordings absent a government request or court order.
[redacted] also requests verification information, including the date of delinquency. Based on the information provided by the seller, the first delinquency of this account occurred on August 28, 2008. Midland Funding, LLC (“Midland Funding”) subsequently purchased the account and placed it with Midland Credit for servicing on or about August 9, 2011. On August 20, 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”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
A review of Midland Credit’s business records indicates that it received the first and only written correspondence requesting validation from [redacted] on April 6, 2015, which cannot be considered timely. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
With that said, Midland Credit must respectfully conclude that it is accurately reporting the account to the three major credit reporting agencies. The account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]Thank you for your follow-up letter inquiry dated September 23, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses dissatisfaction with Midland Credit’s previous response. Midland Credit maintains its previous position as stated in the response. Midland Credit does not have a record of a March 2014 conversation with [redacted] and its policy is to report all accounts accurately. The above-referenced account was resolved via [redacted] making the agreed upon payments. The correct and accurate status of the account as paid is accurately being reported to the credit reporting agencies.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Leg** Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in C**ifornia
[redacted]
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] M [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 16, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 17, 2011. Information provided by the seller, Citibank (South Dakota), N.A., at the time of acquisition indicates this account was originated on August 22, 2009, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 17, 2011. The balance at the time of purchase was $1,186.67.
Mr. [redacted] writes that Midland Credit placed a comment on his credit report which states that he disputes this debt. A review of Midland Credit’s business records indicates that a dispute code was added to this account in 2012, causing the dispute comment to appear on Mr. [redacted]’s credit report. Midland Credit apologizes if this was an error.
Please note that Midland Credit has received several notices of possible dispute from the credit reporting agencies regarding this account. However, as Mr. [redacted] states within the complaint that he is not disputing this debt, Midland Credit has submitted an instant update to the three major credit reporting agencies to remove the dispute comment from his credit report. The credit reporting agencies have advised that this should reflect on Mr. [redacted]’s credit report within 30-60 days.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit again apologizes for any inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
New Roman">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced accounts. Please note, Midland Credit had no information that the number provided in [redacted] complaint was a wrong number for the consumer until receipt of the complaint through your office.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]’s phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response; an investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 5, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 1, 2011. The balance at the time of purchase was $784.98.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on July 12, 2012, Midland Credit mailed her a validation letter, which informed her that Midland Funding had acquired the account, and informed her of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to her via the United States Postal Service to the same address listed within her Revdex.com complaint (her address was not provided in the complaint submitted through the CFPB), 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 her in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from her on January 14, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact her and collect the debt.
Midland Credit received [redacted]’s credit bureau dispute on January 2, 2014. Although the request was not timely, verification information provided by the seller was mailed to her in response to her dispute at that time. A copy of the verification information provided by the seller and previously mailed to her is enclosed. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies as required. If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in the account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
October 7, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the above-referenced
account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 21, 2012.
Information provided by the seller, [redacted] at the time of
acquisition indicates this account was originated on September 11, 2008 as a [redacted]The
[redacted] account number ending in [redacted] in
the name of [redacted], under the last
four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on October 31, 2010. The balance at the time of purchase was $552.54.
[redacted] expresses a concern that the account was paid previously to [redacted] and that it was opened in her spouse’s name. On March 3, 2012, Midland Credit mailed [redacted]a validation letter. Please note that
the letter was mailed to the same address listed within the consumer’s
complaint via the United States Postal Service.
The letter was not returned as “undeliverable,” satisfying the
notification requirements of the Fair Debt Collection Practices Act
(“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the
required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. A review of Midland Credit’s business records indicates that
it received the first correspondence disputing the account from [redacted] on
March 25, 2014. In response to [redacted]
dispute, verification information provided by the seller was mailed to her on
June 16, 2014.
Please note that Midland
Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First
policy, Midland Credit made the business decision to close the account. There will be no further collection activity,
credit reporting or sale of this account.
In addition, the three credit-reporting agencies will be notified to
delete Midland Credit’s reference to the collection account in question from [redacted] consumer credit files.
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 Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below. I have made several attempt to resolve this matter and midland credit management refuse to acknowledge my previous agreement of $3,115.12of which I owe $$1938.86.
Regards,[redacted]
December 30, 2014
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated December 16, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 18, 2005, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on September 25, 2008. The balance at the time of purchase was $1,041.03.
[redacted] expresses a concern that she has not been provided enough information about the above-referenced debt. On September 30, 2009, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. While Midland Credit’s records indicate that [redacted] spoke with representatives about settling the account, no payment arrangements were made, and [redacted] did not dispute the account. Additionally, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A copy of the verification information provided by the seller is enclosed for [redacted]’s records. 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 [redacted]’s social security number was not provided in the inquiry submitted to Midland Credit. If the last four digits of the social security number provided above do not match the last four digits of [redacted]’s social security number, please have her contact Consumer Support Services at [redacted]
Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
With that said, if [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
November 24, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] submitted his recent complaint through his previous complaint ID [redacted]; however, he writes that this is a new complaint regarding a [redacted] account. [redacted]’ previous complaint attached to complaint ID [redacted] was in regard to a [redacted] account. Additionally, please note, account no. [redacted] was purchased on August 13, 2015, after [redacted]’ initial complaint, which Midland Credit responded to on June 25, 2015. Midland Credit’s previous response is attached for your reference.
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 August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 28, 2000, 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 May 31, 2007. The balance at the time of purchase was $5,339.67.
[redacted] expresses a concern that he received a letter claiming he owes over $5,000.00 to [redacted] for an account which was settled years ago. On October 13, 2015, 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).
[redacted] also expresses a concern that the debt is over 15 years old and can no longer be pursued due to its age. A review of Midland Credit’s business records indicates that the statute of limitations expired on November 15, 2011. However, the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents an account from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account expired in November 2013.
[redacted] alleges that Midland Credit representatives have called him excessively, at times not allowed by law. Please be assured that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. Midland Credit’s determination of which local time should control the ability to call is based on information then available to it, including the address, and/or phone number’s area code.
Information attached to the account indicates [redacted] resides in [redacted]. Based on that information, all calls were placed after 8:00am and prior to 9:00pm local [redacted] time, and Midland Credit did not attempt to call [redacted] more often than what is allowable.
[redacted] writes that he has complained about receiving phone calls previously. Pursuant to the FDCPA, a request to cease communications is only effective with regard to the specific debt referenced in the request. It does not apply to any subsequent accounts later assigned to the debt collector. As outlined above, account no. [redacted] was a newly purchased account assigned to Midland Credit for servicing on August 13, 2015. This was after [redacted]’ initial complaint was received in regard to another account. Accordingly, if [redacted] wished for Midland Credit to cease communication on the new account, a new request would have been required.
With that said, account no. [redacted] has been marked “Cease and Desist” to prevent further communication with [redacted] regarding the debt. Additionally, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, or sale of this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at 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.
Midland Credit Management keeps saying that it responded with the appropriate validation pursuant to the FDCPA, however that is incorrect as the validation provided does NOT MEET the requirements per the FDPCA. Furthermore, Midland Credit Management keeps regurgitating that it is reporting accurate information when it is NOT. Midland Credit Reporting ontop of having insufficiently validating this account is currently and is still reporting inaccurate information to all 3 credit bureaus causing me further damages. I have attached a letter sent to Midland Credit Management outlining all the violations that it is has and is/or currently violating. I have also attached a copy of the return reciept that proves that Midland Credit Management recieved my correspondence.
The fact that Midland Credit Management keeps avoiding these facts and has done nothing to rectify them, the only solution I ask for is that it immediately delete its tradeline from all 3 credit bureaus and also that it does not sell nor trade this account with any 3rd party in the future.
Regards,
[redacted]
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 18, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on July 13, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 18, 2008, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $828.62.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 4, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 21, 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 November 30, 2010. The balance at the time of purchase was $2,020.06.
Midland Credit mailed [redacted] separate and unique validation letters – on July 27, 2012, for account no. [redacted], and on September 14, 2013, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] at the same address listed within his complaint, and 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 received the first correspondence regarding both accounts from [redacted] on May 22, 2014. Based on the information provided in the correspondence and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] a letter for each account, along with a copy of the verification information provided by the seller on June 11, 2014 for account no. [redacted], and on June 13, 2014 for account no. [redacted]. In response to [redacted] correspondence dated August 7, 2015, verification was sent again on September 9, 2015, for [redacted], and August 24, 2015, for [redacted]. A copy of the verification information provided by the seller for each account is enclosed for [redacted] records.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for the above-referenced accounts, is accurate. Midland Credit will be closing its investigation of Mr. Howard’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
Per [redacted] previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear[redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 27, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 25, 2003 as a [redacted] general consumer loan account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $3,355.01.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 6, 2005 as a [redacted] credit card account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on September 7, 2009. The balance at the time of purchase was $2,319.96.
[redacted] expresses a concern that the above referenced accounts are being furnished after the expiration of the statute of limitations. Midland Credit mailed [redacted] separate and unique validation letters – on October 1, 2010, for account no. [redacted], and on February 15, 2012, for account no. [redacted]. In the letter, Midland Credit informed him that Midland Funding had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on December 28, 2015 referencing both of the accounts. Based on the information [redacted] provided regarding account no. [redacted] and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on January 20, 2016 advising him that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. However, upon receipt of the complaint, Midland Credit ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
With regard to account no. [redacted] and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] a copy of the verification information provided by the seller and a letter on January 20, 2016 advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. A copy is again enclosed for [redacted]’ records.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for account no. [redacted] is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute regarding account no. [redacted] and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
A review of Midland Credit’s business records indicates that the statute of limitations has expired on both accounts. 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.
Similar to the statute of limitations, the expiration of the seven-year federal reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year federal reporting period for account no. [redacted] has yet to expire. With regard to account no. [redacted] the seven-year federal reporting period expired in February 2016. Midland Credit ceased furnishing information for account no. [redacted] to the three major credit reporting agencies on or about January 22, 2016
Per [redacted]’ previous request that all communication be in writing, the above-referenced accounts will remain marked “Direct Mail Only.” While account no. [redacted] remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
Thank you for your follow-up letter inquiry dated June 30, 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 June 5, 2014.
[redacted] continues to request verification information, however,
Midland Credit’s position has not changed.
A review of Midland Credit’s business records indicates that it has
acted timely and appropriately pursuant to applicable law.
Additionally,
[redacted] questions whether the account is collectible due to the
expiration of the Statute of Limitations.
A review of Midland Credit’s business records indicates that the Statute
of Limitations expired on November 10, 2013.
However, please note that the passing of the Statute of Limitations does
not extinguish the validity of the debt.
Rather, it eliminates litigation as a potential remedy.
[redacted] also writes that he was living in Paris, France, during the time the
account was opened. If the above-referenced account is a product of identity
theft, Midland Credit stands ready to assist [redacted] in clearing his
record. If such is in fact the case,
Midland Credit respectfully requests that [redacted] provide it with a copy
of either a police report or affidavit of fraud showing that he reported the
fraudulent activity. Please note that an
affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to
Consumer Support Services at the address on this letterhead.
As
indicated in Midland Credit’s previous response, it made the business decision
to cease reporting of the account to the three major credit bureaus and the
account has been marked “Cease and Desist.” Midland Credit will be closing its
investigation of [redacted]’s dispute. The above-referenced account still
remains collectible, due and owing to Midland Credit.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact 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
November 7, 2014
Roman';">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 24, 2014 regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 30, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 22, 2008, as a [redacted] [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 November 30, 2010. The balance at the time of purchase was $3,614.59.
While not the only item of concern identified within her complaint, [redacted] indicates she was not notified that the referenced account had been sold. On June 13, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, Midland Credit made the business decision to close the account on May 21, 2013. Since that date, there has been no collection activity or credit reporting of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted]’s consumer credit files. The account will not be sold in the future.
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
January 6, 2016
New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 23, 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 August 29, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 17, 1991, 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 6, 2013. The balance at the time of purchase was $3,624.04.
[redacted] expresses a concern that there is an unknown account on his credit report. On September 12, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on August 21, 2015. In response to the dispute at that time, verification information provided by the seller was mailed to [redacted]. A copy of that documentation is again enclosed for his records. 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.
A review of Midland Credit’s business records indicates that on June 28, 2015, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department indicates that in a hearing on November 19, 2015, a stipulation agreement was reached and a copy of the stipulation was mailed to [redacted] to sign and return to the Internal Legal Department.
[redacted] also requests a breakdown of how the balance was reached. As stated above, this account was purchased from the seller with a balance of $3,624.04. Midland Credit has not added interest or fees to the balance of the account.
Midland Credit encourages [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution. [redacted] may reach the Internal Legal Department at PO Box 969050, San Diego, CA 92193. Their phone number is [redacted]
Per [redacted] request to no longer receive phone calls, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
January 26, 2016
New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 12, 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 October 27, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated on April 1, 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 March 31, 2010. The balance at the time of purchase was $2,929.85.
[redacted] states she had previously disputed this debt with [redacted]. On December 6, 2011, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within [redacted]’s complaint 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 a notice of possible dispute from the credit reporting agencies on December 27, 2015. In response, Midland Credit mailed [redacted] a letter providing account information with a copy of the verification information provided by the seller.
With that said, upon receipt of [redacted]’s complaint, Midland Credit acknowledged [redacted]’s dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of further verifying the debt. Once Midland Credit has obtained further verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with further information.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear Ms. [redacted]:
class="MsoNormal">
Thank you for your letter inquiry dated July 17, 2014, regarding Ms. [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 an account belonging to another consumer with a name similar to Ms. [redacted]’s. During a search for the correct consumer, Ms. [redacted]’s phone number and address were 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.
Ms. [redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account, and her address marked “Do Not Mail.” Ms. [redacted] will no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, Ms. [redacted]’s telephone number [redacted] has been added to an exclusion list to prevent it from being called in the future.
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 our Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 25, 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 December 15, 2011. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on March 7, 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 November 13, 2011. The balance at the time of purchase was $659.74. A review of Midland Credit’s business records indicates that on November 8, 2015, this account was placed with [redacted]. (“[redacted]”).
[redacted] expresses a concern regarding the verification information that was previously mailed to him being sufficient to show that the debt belongs to him. Please note, the documentation was provided by the seller, matches the name and address supplied by [redacted] within his inquiry through your office, and meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Although verification information provided by the seller was already mailed to [redacted] in response to his prior disputes, a copy of that documentation is again enclosed for his records.
[redacted] also alleges that he never requested Midland Credit to submit a “disputed” remark to the credit reporting agencies and claims that he never disputed the account himself. A review of Midland Credit’s business records indicate that it has received multiple notifications of possible disputes from the credit reporting agencies that were submitted by [redacted]. In addition, Mr. Conroy submitted a complaint through the CFPB (“Consumer Financial Protection Bureau”) on January 20, 2015 where he specifically indicated that he disputed the information that Midland Credit was reporting. In response to those disputes submitted by [redacted], Midland Credit is required to update the credit reporting agencies with this information. 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.
Should [redacted] wish to have the dispute notation removed from his consumer credit files, he may submit a written request, stating that he does not dispute that the debt belongs to him to Consumer Support Services using the address on this letterhead. However, please note that requesting validation of the debt or full removal of the account from his consumer credit files is also treated as a dispute.
The debt remains placed with [redacted] at this time. Midland Credit encourages [redacted] to work with the firm to assist in reaching a positive resolution. He may reach [redacted] at [redacted]. Their phone number is [redacted].
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
October 21, 2015
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that he is receiving calls from Midland Credit for another party. 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] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted] also states that he spoke with a Midland Credit representative regarding his phone number being incorrect for the intended party. Midland Credit has been unable to locate a phone conversation with [redacted]. If he could provide the date and time of the call, Midland Credit would be able to conduct further investigation. [redacted] may contact Midland Credit’s Consumer Support Services team at [redacted] to provide such information.
With that said, [redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number, [redacted], has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
May 14, 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 follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] requests that Midland Credit provide all documentation pertaining to the account that Midland Credit used in coming to its conclusion in its previous response, including call recordings. Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 17, 2015. Please note that Midland Credit does not provide copies of account notes or call recordings absent a government request or court order.
[redacted] also requests verification information, including the date of delinquency. Based on the information provided by the seller, the first delinquency of this account occurred on August 28, 2008. Midland Funding, LLC (“Midland Funding”) subsequently purchased the account and placed it with Midland Credit for servicing on or about August 9, 2011. On August 20, 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”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
A review of Midland Credit’s business records indicates that it received the first and only written correspondence requesting validation from [redacted] on April 6, 2015, which cannot be considered timely. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
With that said, Midland Credit must respectfully conclude that it is accurately reporting the account to the three major credit reporting agencies. The account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]Thank you for your follow-up letter inquiry dated September 23, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses dissatisfaction with Midland Credit’s previous response. Midland Credit maintains its previous position as stated in the response. Midland Credit does not have a record of a March 2014 conversation with [redacted] and its policy is to report all accounts accurately. The above-referenced account was resolved via [redacted] making the agreed upon payments. The correct and accurate status of the account as paid is accurately being reported to the credit reporting agencies.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Leg** Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in C**ifornia
[redacted]
June 29, 2015
0pt" class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] M [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 16, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 17, 2011. Information provided by the seller, Citibank (South Dakota), N.A., at the time of acquisition indicates this account was originated on August 22, 2009, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 17, 2011. The balance at the time of purchase was $1,186.67.
Mr. [redacted] writes that Midland Credit placed a comment on his credit report which states that he disputes this debt. A review of Midland Credit’s business records indicates that a dispute code was added to this account in 2012, causing the dispute comment to appear on Mr. [redacted]’s credit report. Midland Credit apologizes if this was an error.
Please note that Midland Credit has received several notices of possible dispute from the credit reporting agencies regarding this account. However, as Mr. [redacted] states within the complaint that he is not disputing this debt, Midland Credit has submitted an instant update to the three major credit reporting agencies to remove the dispute comment from his credit report. The credit reporting agencies have advised that this should reflect on Mr. [redacted]’s credit report within 30-60 days.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit again apologizes for any inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
New Roman">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced accounts. Please note, Midland Credit had no information that the number provided in [redacted] complaint was a wrong number for the consumer until receipt of the complaint through your office.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]’s phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland Credit’s earlier response; an investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 5, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 1, 2011. The balance at the time of purchase was $784.98.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on July 12, 2012, Midland Credit mailed her a validation letter, which informed her that Midland Funding had acquired the account, and informed her of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to her via the United States Postal Service to the same address listed within her Revdex.com complaint (her address was not provided in the complaint submitted through the CFPB), 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 her in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from her on January 14, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact her and collect the debt.
Midland Credit received [redacted]’s credit bureau dispute on January 2, 2014. Although the request was not timely, verification information provided by the seller was mailed to her in response to her dispute at that time. A copy of the verification information provided by the seller and previously mailed to her is enclosed. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies as required. If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in the account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
October 7, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the above-referenced
account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 21, 2012.
Information provided by the seller, [redacted] at the time of
acquisition indicates this account was originated on September 11, 2008 as a [redacted]The
[redacted] account number ending in [redacted] in
the name of [redacted], under the last
four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on October 31, 2010. The balance at the time of purchase was $552.54.
[redacted] expresses a concern that the account was paid previously to [redacted] and that it was opened in her spouse’s name. On March 3, 2012, Midland Credit mailed [redacted]a validation letter. Please note that
the letter was mailed to the same address listed within the consumer’s
complaint via the United States Postal Service.
The letter was not returned as “undeliverable,” satisfying the
notification requirements of the Fair Debt Collection Practices Act
(“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the
required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. A review of Midland Credit’s business records indicates that
it received the first correspondence disputing the account from [redacted] on
March 25, 2014. In response to [redacted]
dispute, verification information provided by the seller was mailed to her on
June 16, 2014.
Please note that Midland
Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First
policy, Midland Credit made the business decision to close the account. There will be no further collection activity,
credit reporting or sale of this account.
In addition, the three credit-reporting agencies will be notified to
delete Midland Credit’s reference to the collection account in question from [redacted] consumer credit files.
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 Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below. I have made several attempt to resolve this matter and midland credit management refuse to acknowledge my previous agreement of $3,115.12of which I owe $$1938.86.
Regards,[redacted]
December 30, 2014
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated December 16, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 18, 2005, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on September 25, 2008. The balance at the time of purchase was $1,041.03.
[redacted] expresses a concern that she has not been provided enough information about the above-referenced debt. On September 30, 2009, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. While Midland Credit’s records indicate that [redacted] spoke with representatives about settling the account, no payment arrangements were made, and [redacted] did not dispute the account. Additionally, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A copy of the verification information provided by the seller is enclosed for [redacted]’s records. 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 [redacted]’s social security number was not provided in the inquiry submitted to Midland Credit. If the last four digits of the social security number provided above do not match the last four digits of [redacted]’s social security number, please have her contact Consumer Support Services at [redacted]
Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
With that said, if [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
November 24, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] submitted his recent complaint through his previous complaint ID [redacted]; however, he writes that this is a new complaint regarding a [redacted] account. [redacted]’ previous complaint attached to complaint ID [redacted] was in regard to a [redacted] account. Additionally, please note, account no. [redacted] was purchased on August 13, 2015, after [redacted]’ initial complaint, which Midland Credit responded to on June 25, 2015. Midland Credit’s previous response is attached for your reference.
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 August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 28, 2000, 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 May 31, 2007. The balance at the time of purchase was $5,339.67.
[redacted] expresses a concern that he received a letter claiming he owes over $5,000.00 to [redacted] for an account which was settled years ago. On October 13, 2015, 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).
[redacted] also expresses a concern that the debt is over 15 years old and can no longer be pursued due to its age. A review of Midland Credit’s business records indicates that the statute of limitations expired on November 15, 2011. However, the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents an account from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account expired in November 2013.
[redacted] alleges that Midland Credit representatives have called him excessively, at times not allowed by law. Please be assured that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. Midland Credit’s determination of which local time should control the ability to call is based on information then available to it, including the address, and/or phone number’s area code.
Information attached to the account indicates [redacted] resides in [redacted]. Based on that information, all calls were placed after 8:00am and prior to 9:00pm local [redacted] time, and Midland Credit did not attempt to call [redacted] more often than what is allowable.
[redacted] writes that he has complained about receiving phone calls previously. Pursuant to the FDCPA, a request to cease communications is only effective with regard to the specific debt referenced in the request. It does not apply to any subsequent accounts later assigned to the debt collector. As outlined above, account no. [redacted] was a newly purchased account assigned to Midland Credit for servicing on August 13, 2015. This was after [redacted]’ initial complaint was received in regard to another account. Accordingly, if [redacted] wished for Midland Credit to cease communication on the new account, a new request would have been required.
With that said, account no. [redacted] has been marked “Cease and Desist” to prevent further communication with [redacted] regarding the debt. Additionally, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, or sale of this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at 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.
Midland Credit Management keeps saying that it responded with the appropriate validation pursuant to the FDCPA, however that is incorrect as the validation provided does NOT MEET the requirements per the FDPCA. Furthermore, Midland Credit Management keeps regurgitating that it is reporting accurate information when it is NOT. Midland Credit Reporting ontop of having insufficiently validating this account is currently and is still reporting inaccurate information to all 3 credit bureaus causing me further damages. I have attached a letter sent to Midland Credit Management outlining all the violations that it is has and is/or currently violating. I have also attached a copy of the return reciept that proves that Midland Credit Management recieved my correspondence.
The fact that Midland Credit Management keeps avoiding these facts and has done nothing to rectify them, the only solution I ask for is that it immediately delete its tradeline from all 3 credit bureaus and also that it does not sell nor trade this account with any 3rd party in the future.
Regards,
[redacted]
They called phone numbers that are not even attached to the person in which they are calling. Extremely intrusive and rude.
December 2, 2015
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 18, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on July 13, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 18, 2008, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $828.62.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 4, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 21, 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 November 30, 2010. The balance at the time of purchase was $2,020.06.
Midland Credit mailed [redacted] separate and unique validation letters – on July 27, 2012, for account no. [redacted], and on September 14, 2013, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] at the same address listed within his complaint, and 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 received the first correspondence regarding both accounts from [redacted] on May 22, 2014. Based on the information provided in the correspondence and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] a letter for each account, along with a copy of the verification information provided by the seller on June 11, 2014 for account no. [redacted], and on June 13, 2014 for account no. [redacted]. In response to [redacted] correspondence dated August 7, 2015, verification was sent again on September 9, 2015, for [redacted], and August 24, 2015, for [redacted]. A copy of the verification information provided by the seller for each account is enclosed for [redacted] records.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for the above-referenced accounts, is accurate. Midland Credit will be closing its investigation of Mr. Howard’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
Per [redacted] previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear[redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 27, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 25, 2003 as a [redacted] general consumer loan account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $3,355.01.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 6, 2005 as a [redacted] credit card account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on September 7, 2009. The balance at the time of purchase was $2,319.96.
[redacted] expresses a concern that the above referenced accounts are being furnished after the expiration of the statute of limitations. Midland Credit mailed [redacted] separate and unique validation letters – on October 1, 2010, for account no. [redacted], and on February 15, 2012, for account no. [redacted]. In the letter, Midland Credit informed him that Midland Funding had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on December 28, 2015 referencing both of the accounts. Based on the information [redacted] provided regarding account no. [redacted] and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on January 20, 2016 advising him that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. However, upon receipt of the complaint, Midland Credit ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
With regard to account no. [redacted] and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] a copy of the verification information provided by the seller and a letter on January 20, 2016 advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. A copy is again enclosed for [redacted]’ records.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for account no. [redacted] is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute regarding account no. [redacted] and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
A review of Midland Credit’s business records indicates that the statute of limitations has expired on both accounts. 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.
Similar to the statute of limitations, the expiration of the seven-year federal reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year federal reporting period for account no. [redacted] has yet to expire. With regard to account no. [redacted] the seven-year federal reporting period expired in February 2016. Midland Credit ceased furnishing information for account no. [redacted] to the three major credit reporting agencies on or about January 22, 2016
Per [redacted]’ previous request that all communication be in writing, the above-referenced accounts will remain marked “Direct Mail Only.” While account no. [redacted] remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your follow-up letter inquiry dated June 30, 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 June 5, 2014.
[redacted] continues to request verification information, however,
Midland Credit’s position has not changed.
A review of Midland Credit’s business records indicates that it has
acted timely and appropriately pursuant to applicable law.
Additionally,
[redacted] questions whether the account is collectible due to the
expiration of the Statute of Limitations.
A review of Midland Credit’s business records indicates that the Statute
of Limitations expired on November 10, 2013.
However, please note that the passing of the Statute of Limitations does
not extinguish the validity of the debt.
Rather, it eliminates litigation as a potential remedy.
[redacted] also writes that he was living in Paris, France, during the time the
account was opened. If the above-referenced account is a product of identity
theft, Midland Credit stands ready to assist [redacted] in clearing his
record. If such is in fact the case,
Midland Credit respectfully requests that [redacted] provide it with a copy
of either a police report or affidavit of fraud showing that he reported the
fraudulent activity. Please note that an
affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to
Consumer Support Services at the address on this letterhead.
As
indicated in Midland Credit’s previous response, it made the business decision
to cease reporting of the account to the three major credit bureaus and the
account has been marked “Cease and Desist.” Midland Credit will be closing its
investigation of [redacted]’s dispute. The above-referenced account still
remains collectible, due and owing to Midland Credit.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact 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]
November 7, 2014
Roman';">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 24, 2014 regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 30, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 22, 2008, as a [redacted] [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 November 30, 2010. The balance at the time of purchase was $3,614.59.
While not the only item of concern identified within her complaint, [redacted] indicates she was not notified that the referenced account had been sold. On June 13, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, Midland Credit made the business decision to close the account on May 21, 2013. Since that date, there has been no collection activity or credit reporting of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted]’s consumer credit files. The account will not be sold in the future.
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]