font-size: medium;">Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 10, 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 July 18, 2014. Information provided by the seller, [redacted] at
the time of acquisition indicates this account was originated on December 12, 2012, as a [redacted] account number
ending in [redacted], in
the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on June 18, 2014. The balance at the time of purchase was $766.81.
[redacted] writes that the account has been reported to the credit reporting
agencies although the letter sent to her advised that it would not be reported
if payments were made within a specified timeframe. Midland Credit acknowledges and wishes to
thank [redacted] for consistently making payments as agreed upon. Midland Credit has taken the steps required
to have the account removed from [redacted] consumer credit files. Copies of the requests sent to the credit
reporting agencies are enclosed for her records. Please note that it may take the credit
reporting agencies thirty to forty five days to update the information in Ms.
[redacted]’ consumer credit files.
Midland
Credit encourages [redacted] to continue to work with her account manager, [redacted] to resolve the account. [redacted] may reach [redacted] at [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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
It is incorrect that Midland was never informed they were calling to collect debt on the wrong person. I tried to tell them several times, but they either (1) did not listen, or (2) became irate and were verbally abusive toward me when I tried to tell them they were calling the wrong person on a debt that doesn't exist. It may be true that they have the initial right to attempt to call a person to collect a debt, however, they are still bound by federal law to stop calling a person when they are told expressly "Put me on do your do not call list". This company failed to do so on more that one occasion. Perhaps it would be be better for me to contact the FTC so they can explain the do not call laws to this company's lawyer, and be fined by the FTC. This said, I sill believe I deserve some sort of financial compensation for the aggravation they caused me, and for the verbal abuse of their employees. They may think that using their lawyer to respond to the complaint will strong arm me into submission; however, it has the exact opposite effect. I stand firm in my complaint and beliefs in this matter. This company wronged me, is trying to cover their tracks by saying they had a person with a "similar" last name as well as phone number. They are clearly lying about that, and feel they are trying to scam money out of me, and who knows, others, by trying to convince them they have some outstanding debt. I do not appreciate when someone tries to make lies to cover their tracks (such as this action), and again, I stand firm on my complaint and feel strongly they owe some kind of compensation for wrongdoing they have caused me, so many, many times. This complaint would have never been made if the company had engaged a dialogue with me by explaining what they were attempting to do, and receive feedback from me to the extent that they were mistakenly calling me, and review their records as to what debt they were trying to collect uopon. They had not collected incorrect information for someone with a "similar" last name and phone number. They knew exactly who they were calling and did not want to stop until they broke me and I gave them money for something I didn't owe. To that end, they now owe me compensation. I have stated that enough times in this response so hopefully they can now understand what happened better, and will understand what needs to be done to correct their wrong doing. I do not take kindly to being strong armed.
Regards,
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated August 25, 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.
Midland Credit was unable to locate an account solely using [redacted] address as provided in the initial letter sent by your office on August 14, 2014. However, provided with the first six digits of the account number, it was able to locate an account matching the account number and containing a substantially similar address.
However, an investigation of this matter indicates that the referenced account being serviced by Midland Credit belongs to another consumer with a name similar to [redacted] During a search for the correct consumer, [redacted] address was provided to Midland Credit representatives by a third party and the supplied address contained an extra identifying character in the apartment number which was not included in the complaint. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
Please note that none of the letters sent by Midland Credit were returned as undeliverable, nor was Midland Credit notified or aware it may have been sending letters to the wrong address until receipt of the complaint filed through your office.
The indicated address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account. Additionally, a notice was sent to the credit-reporting agencies to delete any instance of the referenced account entered using [redacted] address.
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 21, 2014
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VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Ms. [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on November 6, 2014 via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 22, 2011. Information provided by the seller, Atlantic Credit & Finance, at the time of acquisition indicates this account was originated on February 22, 2008, as an [redacted] N.A. MasterCard account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 30, 2010. The balance at the time of purchase was $2,488.45.
Ms. [redacted] expresses a concern that her validation requests have been ignored. On April 27, 2011, Midland Credit mailed Ms. [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 Ms. [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. In fact, contrary to her complaint, no correspondence was received directly from Ms. [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 Ms. [redacted] and collect the debt.
While her request is untimely, a copy of the verification information provided by the seller is enclosed for Ms. [redacted]’s records. A review of Midland Credit’s business records indicates that the account is accurately reporting to the credit reporting agencies.
If Ms. [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Midland Credit Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per her request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Ms. [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Consumer complaint of [redacted] J [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 May 19, 2016. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by his attorney, the Law offices of [redacted], LLC. If Mr. [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly.
An investigation of this matter indicates that Midland Credit is the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”). The full name of the original creditor for the above-referenced account is [redacted], N.A. [redacted], N.A. then sold the account to [redacted]s, LLC on or about May 8, 2014. [redacted]s, LLC subsequently sold the account to [redacted], LLC on or about June 13, 2014. [redacted], LLC then sold the account to Midland Funding on or about June 20, 2014. Information provided by the seller, [redacted], LLC, at the time of acquisition indicates this account was originated on October 2, 2013 as a [redacted], N.A. [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 8, 2014. The balance at the time of purchase was $581.57. A copy of the verification information provided by the seller is enclosed for your records.
During a phone conversation Mr. [redacted] had with a Midland Credit representative on November 4, 2015, he agreed to pay the account in full. Final payment on the account was received by Midland Credit and processed in the amount of $581.57 on the same day. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] expresses a concern that Midland Credit incorrectly reported the account as failed to pay for the months of December 2015 and January 2016. Please note that Midland Credit did not advise the credit reporting agencies that Mr. [redacted] failed to pay for the months of December 2015 and January 2016. Midland Credit provided an update to the credit reporting agencies on or about November 20, 2015, that Mr. [redacted] had paid the account in full. Midland Credit has continued to furnish the above referenced account with a paid status to the credit reporting agencies.
Midland Credit has no control over how long each credit reporting agency takes to update the information provided on the consumer’s credit file. 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. Mr. [redacted] is encouraged to communicate directly with the credit bureaus should he have any further concerns about the nomenclature that Midland Credit is compelled to use. In addition, if Mr. [redacted] obtained his credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
With that said, Mr. [redacted] is requesting that Midland Credit cease furnishing account information to the credit reporting agencies. While Midland Credit is pleased that it was able to assist Mr. [redacted] in reaching a resolution which resolved the balance for the above-referenced account, please note that it is Midland Credit’s policy to furnish accurate account information. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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]:
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 13, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on April 22, 2011. Information provided by the seller, [redacted] [redacted], at the time of acquisition indicates this account was originated on April 21, 2008 as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 30, 2010. The balance at time of purchase was $1,187.66.
Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 14, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 31, 2010. The balance at time of purchase was $3,971.78.
[redacted] expresses a concern that his validation requests have been ignored. A review of Midland Credit’s business records indicates that after Midland Funding acquired the above-referenced account, Midland Credit mailed [redacted] separate but unique validation letters – on February 18, 2012 for account [redacted], and July 1, 2012 for account [redacted]. The letters informed [redacted] the consumer that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on November 5, 2013, 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 debts. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
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]
I get a call from this company about 1 or sometimes 2 times a day, they don't leave a message what is is regarding. I want to stop getting harrassed by them!!!
In Sept 2013 I received notice of a default judgement against me in court for a credit card debt (I was never served). In Nov 2013 I paid a reduced amount and this was reported paid. A few months ago I began receiving calls and letters on this same account from Midland and requested verification of the debt. The only thing I got back was a letter telling me I had to provide proof it was paid. Since I paid by prepaid card over the phone the only proof I have is the settlement reported paid on my credit report. Four days ago I received a paper from a law office for Midland with a judgement from the court (also never served) to garnish my wages for this paid account. Midland is making my life Hell and I don't understand how they can resurrect accounts paid years ago and harass and threaten people.
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.
Dear [redacted]
Thank you for your letter and for finally addressing my issues directly. However, your letter ignores specific questions and doesn’t provide me with an explanation of the many reporting inaccuracies.
We agree that we are talking about the two accounts [redacted] and [redacted]. Just for the record I never said that you never contacted me. I asked for more than a simple validation, I was asking for a proof that this account was mine. The only information that it was provided by you contained similar information to the information that you provided on this letter about the two accounts. (See documents attached).
Also, you must be very careful with the wording that you use. You said that I said that your company had “altered” my information. This is a very serious accusation, as I never said that you had “altered” my account. I simply stated that you were not reporting my full name, when you use the verb “alter” it sounds like you intentionally made changes to my name and I didn’t say that. As you state in your letter this is the information that you’ve received from the alleged original creditor and this is why you are receiving this complaint. You take accounts but do not verify them so if the account does not belong to me or if they information is being reported wrongly you just don’t care because your answer to your complaint will be that that’s what you received (regardless if wrong or not).
I’m happy that you explained the term “OPEN” but an account can be either open or closed you can’t report that the account is opened with a credit bureau and closed with another and then blame them that they can update or nor their records. See previous attachment and see that accounts are being reported differently. Obviously you are not reporting the same information to all the bureaus.
For your information, my credit reports have been issued directly with [redacted] and [redacted] and I have also used MyFico and CreditKarma so I haven’t only used a compilation source. The information is being reported as I stated on my original complaint with the Revdex.com.
You either put the blame on the alleged original creditor (for sending you the wrong information) or on the bureaus (for reporting the wrong information). So I’m assuming that you believe that you do everything right even when you just admitted in your letter that you just use the information given to you regardless.
So you are still reporting this account wrongly and several FDCPA violations have been found, like the ones I mentioned on my previous letter and the fact that you reported my account while it was in the middle of a dispute.
Since you said you bought this account no worries about my relationship with the alleged original creditor but rest assured they’ve been taken care of already.
My complaint is directly with you because you are the one reporting wrongly and you don’t want to take responsibility for it.
I tried to fix this issue peacefully and I thought that a complaint with Revdex.com would make you look into the accounts and see the issues with it but I guess I was wrong.
Please remove these accounts immediately from my credit reports. If this issue doesn’t get fixed within 15 days or I will be filing an official complaint with the Consumer Financial Protection Bureau, the attorney general, the Federal Trade Commission and ACA International. Although, I would like to resolve things without an attorney I will look legal counsel if my accounts still appear on any of my credit reports 30 days from today.
I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. I can assure you that the payment would be higher than the amount that you say that I owe.
So please, read all my complaints again and especially this one and admit that you might be reporting the wrong person.
April 21, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
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 April 7, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated March 30, 2016. [redacted] continues to express concern that her request for validation from July 2015 was ignored, that she never received a response from [redacted] and requests specific information and validation of the debt.
A review of business records indicates that [redacted] response to [redacted]’s validation request was mailed on September 25, 2015 to the same address listed in her original complaint, [redacted]
As indicated in its previous response, the original creditor is [redacted], account no. ending in [redacted]. Enclosed is a copy of the bill of sale verifying Midland Funding as the rightful owner of the account. The account was charged off on February 18, 2014, with a balance of $1,213.16. The balance at the time of purchase by Midland Funding was $1,213.16. The current amount due is also $1,404.16, which is the charge-off balance of $1,213.16 plus $191.00 in costs.
The verification information provided by the seller was provided to [redacted] in the response from [redacted] on September 25, 2015, and in Midland Credit’s previous response. The date of delinquency for the account occurred on August 23, 2013. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also requests information about any insurance claims made by any creditor regarding the account. If [redacted] has concerns or questions about insurance claims made by the original creditor, she may contact [redacted] directly. Midland Credit has not made any insurance claims regarding this account.
Additionally, [redacted]’s letter references a requirement that Midland Credit respond to her dispute within 30 days. Please note that neither the FDCPA nor existing law requires a debt collector to provide a response within 30 days. Midland Credit takes all allegations of improper conduct seriously, and does everything it can to avoid any possible violation of the FDCPA and other applicable laws and regulations. While Midland Credit acknowledges [redacted]’s right to dispute the debt, Midland Credit is handling her account appropriately and will continue to do so.
Midland Credit must respectfully conclude that it and [redacted] have acted in a timely manner and have complied with all applicable laws. 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.
Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution. [redacted] 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
Dear [redacted]
Thank you for your follow-up
letter
inquiry dated May 6, 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.
Please
note that Midland Credit provided all relevant account identifying information
in its previous response letter to your office, dated April 23, 2014.
In
her follow-up, [redacted] indicates that she is satisfied with Midland
Credit’s resolution of the account, and has questions regarding future
status. Midland Credit is pleased that
it was able to assist [redacted] in reaching a resolution which settled the
balance for the above-referenced account.
Please note that [redacted] has no further financial obligation to the
account. The account has been marked as
“Account paid in full, was a collection
account” in Midland Credit’s system.
There will be no further collection activity or sale 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.
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com 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]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 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 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 28, 2011, 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 23, 2012. The balance at the time of purchase was $798.13.
[redacted] expresses a concern that he has not received validation of the debt, which he believes is fraudulent and inaccurately reporting on his consumer credit files. On or about October 10, 2014, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first notice of possible dispute from the credit reporting agencies on or about March 25, 2015, which cannot be considered timely. Midland Credit did not receive written correspondence directly from [redacted] prior to the complaint filed through your office, which also cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. A review of Midland Credit’s business records indicates that it is accurately reporting the account to the three major credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
face="Times New Roman">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 26, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she made a payment to resolve the balance of an account, and the account shows that there is a balance remaining. [redacted] indicates that this is the second time she has had this experience.
An investigation of this matter indicates that Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 28, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 26, 2013, as a [redacted] credit card account number ending in 1754, 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 16, 2014. The balance at the time of purchase was $482.75.
A review of Midland Credit’s business records indicates that [redacted] made a payment via credit card on May 13, 2016. A letter was sent to [redacted] on May 16, 2016, advising that her payment had been received and that she has no further financial obligation for the account. Midland Credit received subsequent communication from [redacted], and a letter was sent to her on June 24, 2016, again advising that she has no further financial obligation. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.”
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 2, 2015. Information provided by the seller, [redacted] Bank, at the time of acquisition indicates this account was originated on October 9, 2013, as a [redacted] account number ending in 6282, 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 24, 2014. The balance at the time of purchase was $698.64. A copy of the verification information provided by the seller is enclosed for your records.
[redacted] states that she made a payment of $419.18 on June 30, 2016 to resolve the balance, but that the account is still showing a balance of $698.64. A review of Midland Credit’s business records indicates that on June 30, 2016, [redacted] agreed to pay $419.18 via electronic check to resolve the balance of account no. [redacted]. A letter was sent to [redacted] on July 1, 2016, confirming the payment arrangement. Midland Credit subsequently received notice that the payment did not go through due to an invalid routing number. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
[redacted] indicates that she has disputed through Midland Credit’s website on multiple occasions. A review of Midland Credit’s business records indicates that it received four inquiries from [redacted] regarding account no. [redacted]. Upon receipt of the inquiries, a Midland Credit account manager attempted to reach out to [redacted], however was unable to reach her.
If [redacted] would like to resolve the balance for account no. [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at[redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 28, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with the same last name as [redacted]’s. During a search for the correct consumer, [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.
Following a phone conversation (presumably with [redacted]) on March 31, 2014, her phone number was marked “Do Not Call” in Midland Credit’s computer system for the referenced account, and her address marked “Do Not Mail.” [redacted] will continue to no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, [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 [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
11pt;">
Thank you for your letter inquiry dated March 17, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on July 4, 2004 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 July 13, 2011. The balance at the time of purchase was $301.98.
[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 June 10, 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 [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] states that she believes the matter is over 7 years old. As stated above, the original creditor charged off the account in July 2011. The above-referenced account remains within [redacted]’s Statute of Limitations, which is set to expire on January 14, 2017, and the Federal Reporting Period, which will expire on January 14, 2018 respectively. However, the expiration of these periods does not extinguish the validity of the debt. Expiration of the Statute of Limitations eliminates the legal cause of action on the debt; and expiration of the Federal Reporting Period requires the account to be removed from a consumer’s credit report. In both cases, the debt remains valid, due, and owing.
Regarding [redacted]’s concern that Midland Credit will not remove the above-referenced account from her consumer credit files should payment be received, please note that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. Should payment be received to resolve the matter, Midland Credit would then update the status of the account with the credit reporting agencies to reflect a paid status. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
That being said, [redacted] states that there was an error in the payoff balance with [redacted]. While the seller has not notified Midland Credit of this possibility, Midland Credit stands ready to assist [redacted] in clearing her record if it is somehow attempting to collect an account which was resolved prior to Midland Credit becoming the servicer, and requests that she provide documentation or evidence which substantiates her claim. [redacted] may forward the appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, 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 our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
color: black;">
Thank you for your 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.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 16, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 11, 2007 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2010. The balance at the time of purchase was $443.43. Final payment on the account was received on February 21, 2011. [redacted] has no further financial obligation for this account.
As described in his complaint, [redacted] disputes the reference debt, stating it is a result of fraudulent activity. On November 21, 2010, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. 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.
On February 21, 2011, during a telephone conversation, [redacted] agreed to a settlement in the amount of $275.92. [redacted] completed his payments and he has no further financial obligation to the account. 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.
With that said, in keeping with its Consumer-First policy, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a police report showing that he reported the fraudulent activity. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 8, 2007 as an [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 January 31, 2012. The balance at the time of purchase was $878.14.
While not the only item of concern referenced in her complaint, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies. In [redacted] case, Midland Credit is registered with the [redacted] Department of Financial Institutions. Please have [redacted] contact their agency for more information regarding licensing requirements.
[redacted] writes that she has attempted to contact Midland Credit to resolve the debt multiple times over the last year, but has been unsuccessful. She also writes that the only responses she has received from Midland Credit indicate that it will not communicate with her. A review of Midland Credit’s business records indicates that on October 6, 2013, this account was assigned to the law offices of [redacted] [redacted] Midland Credit received notice from [redacted] in February of 2014 that [redacted] no longer wished to be contacted about the account, and the account was marked as “Cease and Desist”. Subsequently, in April of 2014, the account was returned to Midland Credit for servicing. Due to this restriction, any letters sent in response to [redacted] inquiries would have included language advising her that Midland Credit would not contact her further unless a response was required by law. Please also note that Midland Credit is unable to locate record of a telephone conversation with [redacted] in the past year.
[redacted] also indicates that she may have previously resolved the balance, and has sent letters with details of the situation. Midland Credit does not have record of receiving correspondence from [redacted] indicating that the account was previously resolved, or more specific details of her dispute. With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, 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.
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">
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 August 19, 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 June 10, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2007 as an [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 June 30, 2009. The balance at the time of purchase was $1,085.09.
[redacted] disputes the above-referenced debt. Pursuant to Midland Credit’s standard business practices, on June 25, 2011, Midland Credit mailed an initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”). Please note, the letter was mailed to [redacted], which was the address supplied to Midland Funding by the seller upon sale of the account.
While Midland Credit has acted in a timely manner and complied with all applicable laws, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’ consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
Roman">Thank you for your letter inquiry
regarding Mr. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
July 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 December 30, 2011.
Information provided by the seller, Cavalry SPV I, LLC, at the time of
acquisition indicates this account was originated on July 6, 2007 as a [redacted], [redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $1,273.60.
On
January 16, 2012, Midland Credit mailed Mr. [redacted] a validation letter, which
informed him that Midland Funding had acquired the account, and of his rights
pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). 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 Mr. [redacted] in response to the
letter. The FDCPA specifically states
that, unless a consumer provides a debt collector with notice of such a dispute
within 30 days of receiving the initial validation letter, “the debt will be
assumed to be valid by the debt collector.”
15 U.S.C. § 1692g(a)(3). Because
Midland Credit did not receive such a notice at the time, Midland Credit
appropriately proceeded with efforts to contact Mr. [redacted] and collect the
debt.
A review of
Midland Credit’s business records indicates that it received the first
correspondence from Mr. [redacted] on or about March 6, 2015. However it was not a request for validation, but
rather an offer to resolve the account for $190.95 in exchange for the deletion
of Midland Credit’s tradeline. Midland
Credit did not accept Mr. [redacted]’s offer.
Mr.
[redacted] expresses a concern that the open date of his [redacted] account is appearing
as December 1, 2011 when the account was opened in March of 2008 and closed in
June of 2010. While Midland Credit is
sensitive to Mr. [redacted]’s concern, Midland Credit does not alter or modify any
of the original account information provided by the seller, such as the name of
the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the
accounts it services based on the business records maintained by the original
lender/seller. In accordance with the
Credit Reporting Resource Guide produced by the Consumer Data Industry
Association, the open date being reported on this account reflects the “date
that the account was purchased by the debt buyer or placed/assigned to the third
party collection agency.”
Mr.
[redacted] also expresses a concern that the account is reporting with several
variations using the same account number.
Consumers are often unclear as to what “charge off” means for a
debt. When a creditor "charges
off" an account, it means that the creditor no longer believes the
consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right
to legally seek repayment of the promissory obligation, the new third-party
purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
Additionally,
[redacted], as the original creditor may also be reporting the account after it was
sold. Whether or not the original
creditor is reporting the account, the account remains valid, due and
owing. Additionally, if Mr. [redacted] obtained his credit report from a
compilation source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau itself. If Mr. [redacted] has concerns regarding the
information being reported by the original creditor, he may dispute it directly
with the credit reporting agencies.
Mr. [redacted] has also
stated that he has been given the run around when he has attempted to obtain
information regarding the reporting of the account. On June 25, 2015 Midland Credit received a
phone call from Mr. [redacted] inquiring about the status of the account. Mr. [redacted] expressed a concern that two
companies were reporting the same account on his credit report. Mr. [redacted] was advised that Midland Credit
cannot comment on the credit reporting of the original creditor and to contact
the credit bureaus to address those concerns.
Mr. [redacted] was also advised that the account is now owned by Midland
Funding and will be reported as such.
Mr.
[redacted] also requests to have the above-referenced account deleted from his
credit report due to the inaccuracies. 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, therefore respectfully declines his request. Please note, on June 7, 2015 Mr. [redacted]
entered into an agreement to resolve the account balance. Should Mr. [redacted] pay the full balance,
Midland Credit will report the account as “Account paid in full, was a
collection account.” Should Mr. [redacted] pay less than the full balance
to fully settle the account, Midland Credit will report an additional memo
stating “Account paid in full for less than the full balance.”
In
keeping with Midland Credit’s Consumer-First policy, and to provide the highest
level of consumer satisfaction, Mr. [redacted]’s account has now been referred to
Account Manager [redacted]. Please
have Mr. [redacted] call Ms. [redacted] at (800) 825-8131 ext. [redacted] to assist him in
reaching a resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to 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]:
Roman';">
Thank you for your letter inquiry dated May 15, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on October 20, 2010. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 22, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 19, 2008. The balance at the time of purchase was $1,382.99.
[redacted] expresses a concern that his validation requests have been ignored. Shortly after Midland Funding acquired the above-referenced account, Midland Credit sent a validation letter to [redacted] on October 24, 2010. Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the Fair Debt Collection Practices Act (hereinafter “FDCPA”) were satisfied.
In said letter, Midland Credit informed [redacted] that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate it did not receive any correspondence from [redacted] in response to the letter.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 1, 2014. Based on the information he provided and pursuant to the Texas Finance Code, Midland Credit responded by sending [redacted] a letter advising him Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
With that said, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from your consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
font-size: medium;">Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 10, 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 July 18, 2014. Information provided by the seller, [redacted] at
the time of acquisition indicates this account was originated on December 12, 2012, as a [redacted] account number
ending in [redacted], in
the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on June 18, 2014. The balance at the time of purchase was $766.81.
[redacted] writes that the account has been reported to the credit reporting
agencies although the letter sent to her advised that it would not be reported
if payments were made within a specified timeframe. Midland Credit acknowledges and wishes to
thank [redacted] for consistently making payments as agreed upon. Midland Credit has taken the steps required
to have the account removed from [redacted] consumer credit files. Copies of the requests sent to the credit
reporting agencies are enclosed for her records. Please note that it may take the credit
reporting agencies thirty to forty five days to update the information in Ms.
[redacted]’ consumer credit files.
Midland
Credit encourages [redacted] to continue to work with her account manager, [redacted] to resolve the account. [redacted] may reach [redacted] at [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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
It is incorrect that Midland was never informed they were calling to collect debt on the wrong person. I tried to tell them several times, but they either (1) did not listen, or (2) became irate and were verbally abusive toward me when I tried to tell them they were calling the wrong person on a debt that doesn't exist. It may be true that they have the initial right to attempt to call a person to collect a debt, however, they are still bound by federal law to stop calling a person when they are told expressly "Put me on do your do not call list". This company failed to do so on more that one occasion. Perhaps it would be be better for me to contact the FTC so they can explain the do not call laws to this company's lawyer, and be fined by the FTC. This said, I sill believe I deserve some sort of financial compensation for the aggravation they caused me, and for the verbal abuse of their employees. They may think that using their lawyer to respond to the complaint will strong arm me into submission; however, it has the exact opposite effect. I stand firm in my complaint and beliefs in this matter. This company wronged me, is trying to cover their tracks by saying they had a person with a "similar" last name as well as phone number. They are clearly lying about that, and feel they are trying to scam money out of me, and who knows, others, by trying to convince them they have some outstanding debt. I do not appreciate when someone tries to make lies to cover their tracks (such as this action), and again, I stand firm on my complaint and feel strongly they owe some kind of compensation for wrongdoing they have caused me, so many, many times. This complaint would have never been made if the company had engaged a dialogue with me by explaining what they were attempting to do, and receive feedback from me to the extent that they were mistakenly calling me, and review their records as to what debt they were trying to collect uopon. They had not collected incorrect information for someone with a "similar" last name and phone number. They knew exactly who they were calling and did not want to stop until they broke me and I gave them money for something I didn't owe. To that end, they now owe me compensation. I have stated that enough times in this response so hopefully they can now understand what happened better, and will understand what needs to be done to correct their wrong doing. I do not take kindly to being strong armed.
Regards,
[redacted]
September 8, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated August 25, 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.
Midland Credit was unable to locate an account solely using [redacted] address as provided in the initial letter sent by your office on August 14, 2014. However, provided with the first six digits of the account number, it was able to locate an account matching the account number and containing a substantially similar address.
However, an investigation of this matter indicates that the referenced account being serviced by Midland Credit belongs to another consumer with a name similar to [redacted] During a search for the correct consumer, [redacted] address was provided to Midland Credit representatives by a third party and the supplied address contained an extra identifying character in the apartment number which was not included in the complaint. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
Please note that none of the letters sent by Midland Credit were returned as undeliverable, nor was Midland Credit notified or aware it may have been sending letters to the wrong address until receipt of the complaint filed through your office.
The indicated address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account. Additionally, a notice was sent to the credit-reporting agencies to delete any instance of the referenced account entered using [redacted] address.
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 21, 2014
0in 0pt" class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Ms. [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on November 6, 2014 via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 22, 2011. Information provided by the seller, Atlantic Credit & Finance, at the time of acquisition indicates this account was originated on February 22, 2008, as an [redacted] N.A. MasterCard account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 30, 2010. The balance at the time of purchase was $2,488.45.
Ms. [redacted] expresses a concern that her validation requests have been ignored. On April 27, 2011, Midland Credit mailed Ms. [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 Ms. [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. In fact, contrary to her complaint, no correspondence was received directly from Ms. [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 Ms. [redacted] and collect the debt.
While her request is untimely, a copy of the verification information provided by the seller is enclosed for Ms. [redacted]’s records. A review of Midland Credit’s business records indicates that the account is accurately reporting to the credit reporting agencies.
If Ms. [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Midland Credit Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per her request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Ms. [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
GJG: jvn
Enclosure
June 1, 2016
Re:...
Consumer complaint of [redacted] J [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 May 19, 2016. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by his attorney, the Law offices of [redacted], LLC. If Mr. [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly.
An investigation of this matter indicates that Midland Credit is the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”). The full name of the original creditor for the above-referenced account is [redacted], N.A. [redacted], N.A. then sold the account to [redacted]s, LLC on or about May 8, 2014. [redacted]s, LLC subsequently sold the account to [redacted], LLC on or about June 13, 2014. [redacted], LLC then sold the account to Midland Funding on or about June 20, 2014. Information provided by the seller, [redacted], LLC, at the time of acquisition indicates this account was originated on October 2, 2013 as a [redacted], N.A. [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 8, 2014. The balance at the time of purchase was $581.57. A copy of the verification information provided by the seller is enclosed for your records.
During a phone conversation Mr. [redacted] had with a Midland Credit representative on November 4, 2015, he agreed to pay the account in full. Final payment on the account was received by Midland Credit and processed in the amount of $581.57 on the same day. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] expresses a concern that Midland Credit incorrectly reported the account as failed to pay for the months of December 2015 and January 2016. Please note that Midland Credit did not advise the credit reporting agencies that Mr. [redacted] failed to pay for the months of December 2015 and January 2016. Midland Credit provided an update to the credit reporting agencies on or about November 20, 2015, that Mr. [redacted] had paid the account in full. Midland Credit has continued to furnish the above referenced account with a paid status to the credit reporting agencies.
Midland Credit has no control over how long each credit reporting agency takes to update the information provided on the consumer’s credit file. 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. Mr. [redacted] is encouraged to communicate directly with the credit bureaus should he have any further concerns about the nomenclature that Midland Credit is compelled to use. In addition, if Mr. [redacted] obtained his credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
With that said, Mr. [redacted] is requesting that Midland Credit cease furnishing account information to the credit reporting agencies. While Midland Credit is pleased that it was able to assist Mr. [redacted] in reaching a resolution which resolved the balance for the above-referenced account, please note that it is Midland Credit’s policy to furnish accurate account information. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 13, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on April 22, 2011. Information provided by the seller, [redacted] [redacted], at the time of acquisition indicates this account was originated on April 21, 2008 as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 30, 2010. The balance at time of purchase was $1,187.66.
Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 14, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 31, 2010. The balance at time of purchase was $3,971.78.
[redacted] expresses a concern that his validation requests have been ignored. A review of Midland Credit’s business records indicates that after Midland Funding acquired the above-referenced account, Midland Credit mailed [redacted] separate but unique validation letters – on February 18, 2012 for account [redacted], and July 1, 2012 for account [redacted]. The letters informed [redacted] the consumer that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on November 5, 2013, 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 debts. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
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]
I get a call from this company about 1 or sometimes 2 times a day, they don't leave a message what is is regarding. I want to stop getting harrassed by them!!!
In Sept 2013 I received notice of a default judgement against me in court for a credit card debt (I was never served). In Nov 2013 I paid a reduced amount and this was reported paid. A few months ago I began receiving calls and letters on this same account from Midland and requested verification of the debt. The only thing I got back was a letter telling me I had to provide proof it was paid. Since I paid by prepaid card over the phone the only proof I have is the settlement reported paid on my credit report. Four days ago I received a paper from a law office for Midland with a judgement from the court (also never served) to garnish my wages for this paid account. Midland is making my life Hell and I don't understand how they can resurrect accounts paid years ago and harass and threaten people.
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.
Dear [redacted]
Thank you for your letter and for finally addressing my issues directly. However, your letter ignores specific questions and doesn’t provide me with an explanation of the many reporting inaccuracies.
We agree that we are talking about the two accounts [redacted] and [redacted]. Just for the record I never said that you never contacted me. I asked for more than a simple validation, I was asking for a proof that this account was mine. The only information that it was provided by you contained similar information to the information that you provided on this letter about the two accounts. (See documents attached).
Also, you must be very careful with the wording that you use. You said that I said that your company had “altered” my information. This is a very serious accusation, as I never said that you had “altered” my account. I simply stated that you were not reporting my full name, when you use the verb “alter” it sounds like you intentionally made changes to my name and I didn’t say that. As you state in your letter this is the information that you’ve received from the alleged original creditor and this is why you are receiving this complaint. You take accounts but do not verify them so if the account does not belong to me or if they information is being reported wrongly you just don’t care because your answer to your complaint will be that that’s what you received (regardless if wrong or not).
I’m happy that you explained the term “OPEN” but an account can be either open or closed you can’t report that the account is opened with a credit bureau and closed with another and then blame them that they can update or nor their records. See previous attachment and see that accounts are being reported differently. Obviously you are not reporting the same information to all the bureaus.
For your information, my credit reports have been issued directly with [redacted] and [redacted] and I have also used MyFico and CreditKarma so I haven’t only used a compilation source. The information is being reported as I stated on my original complaint with the Revdex.com.
You either put the blame on the alleged original creditor (for sending you the wrong information) or on the bureaus (for reporting the wrong information). So I’m assuming that you believe that you do everything right even when you just admitted in your letter that you just use the information given to you regardless.
So you are still reporting this account wrongly and several FDCPA violations have been found, like the ones I mentioned on my previous letter and the fact that you reported my account while it was in the middle of a dispute.
Since you said you bought this account no worries about my relationship with the alleged original creditor but rest assured they’ve been taken care of already.
My complaint is directly with you because you are the one reporting wrongly and you don’t want to take responsibility for it.
I tried to fix this issue peacefully and I thought that a complaint with Revdex.com would make you look into the accounts and see the issues with it but I guess I was wrong.
Please remove these accounts immediately from my credit reports. If this issue doesn’t get fixed within 15 days or I will be filing an official complaint with the Consumer Financial Protection Bureau, the attorney general, the Federal Trade Commission and ACA International. Although, I would like to resolve things without an attorney I will look legal counsel if my accounts still appear on any of my credit reports 30 days from today.
I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. I can assure you that the payment would be higher than the amount that you say that I owe.
So please, read all my complaints again and especially this one and admit that you might be reporting the wrong person.
Thank You.
Regards,
[redacted]
April 21, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
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 April 7, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated March 30, 2016. [redacted] continues to express concern that her request for validation from July 2015 was ignored, that she never received a response from [redacted] and requests specific information and validation of the debt.
A review of business records indicates that [redacted] response to [redacted]’s validation request was mailed on September 25, 2015 to the same address listed in her original complaint, [redacted]
As indicated in its previous response, the original creditor is [redacted], account no. ending in [redacted]. Enclosed is a copy of the bill of sale verifying Midland Funding as the rightful owner of the account. The account was charged off on February 18, 2014, with a balance of $1,213.16. The balance at the time of purchase by Midland Funding was $1,213.16. The current amount due is also $1,404.16, which is the charge-off balance of $1,213.16 plus $191.00 in costs.
The verification information provided by the seller was provided to [redacted] in the response from [redacted] on September 25, 2015, and in Midland Credit’s previous response. The date of delinquency for the account occurred on August 23, 2013. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also requests information about any insurance claims made by any creditor regarding the account. If [redacted] has concerns or questions about insurance claims made by the original creditor, she may contact [redacted] directly. Midland Credit has not made any insurance claims regarding this account.
Additionally, [redacted]’s letter references a requirement that Midland Credit respond to her dispute within 30 days. Please note that neither the FDCPA nor existing law requires a debt collector to provide a response within 30 days. Midland Credit takes all allegations of improper conduct seriously, and does everything it can to avoid any possible violation of the FDCPA and other applicable laws and regulations. While Midland Credit acknowledges [redacted]’s right to dispute the debt, Midland Credit is handling her account appropriately and will continue to do so.
Midland Credit must respectfully conclude that it and [redacted] have acted in a timely manner and have complied with all applicable laws. 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.
Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution. [redacted] 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
Dear [redacted]
Thank you for your follow-up
letter
inquiry dated May 6, 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.
Please
note that Midland Credit provided all relevant account identifying information
in its previous response letter to your office, dated April 23, 2014.
In
her follow-up, [redacted] indicates that she is satisfied with Midland
Credit’s resolution of the account, and has questions regarding future
status. Midland Credit is pleased that
it was able to assist [redacted] in reaching a resolution which settled the
balance for the above-referenced account.
Please note that [redacted] has no further financial obligation to the
account. The account has been marked as
“Account paid in full, was a collection
account” in Midland Credit’s system.
There will be no further collection activity or sale 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.
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]
May 5, 2015
0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 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 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 28, 2011, 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 23, 2012. The balance at the time of purchase was $798.13.
[redacted] expresses a concern that he has not received validation of the debt, which he believes is fraudulent and inaccurately reporting on his consumer credit files. On or about October 10, 2014, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first notice of possible dispute from the credit reporting agencies on or about March 25, 2015, which cannot be considered timely. Midland Credit did not receive written correspondence directly from [redacted] prior to the complaint filed through your office, which also cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. A review of Midland Credit’s business records indicates that it is accurately reporting the account to the three major credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
face="Times New Roman">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 26, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she made a payment to resolve the balance of an account, and the account shows that there is a balance remaining. [redacted] indicates that this is the second time she has had this experience.
An investigation of this matter indicates that Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 28, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 26, 2013, as a [redacted] credit card account number ending in 1754, 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 16, 2014. The balance at the time of purchase was $482.75.
A review of Midland Credit’s business records indicates that [redacted] made a payment via credit card on May 13, 2016. A letter was sent to [redacted] on May 16, 2016, advising that her payment had been received and that she has no further financial obligation for the account. Midland Credit received subsequent communication from [redacted], and a letter was sent to her on June 24, 2016, again advising that she has no further financial obligation. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.”
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 2, 2015. Information provided by the seller, [redacted] Bank, at the time of acquisition indicates this account was originated on October 9, 2013, as a [redacted] account number ending in 6282, 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 24, 2014. The balance at the time of purchase was $698.64. A copy of the verification information provided by the seller is enclosed for your records.
[redacted] states that she made a payment of $419.18 on June 30, 2016 to resolve the balance, but that the account is still showing a balance of $698.64. A review of Midland Credit’s business records indicates that on June 30, 2016, [redacted] agreed to pay $419.18 via electronic check to resolve the balance of account no. [redacted]. A letter was sent to [redacted] on July 1, 2016, confirming the payment arrangement. Midland Credit subsequently received notice that the payment did not go through due to an invalid routing number. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
[redacted] indicates that she has disputed through Midland Credit’s website on multiple occasions. A review of Midland Credit’s business records indicates that it received four inquiries from [redacted] regarding account no. [redacted]. Upon receipt of the inquiries, a Midland Credit account manager attempted to reach out to [redacted], however was unable to reach her.
If [redacted] would like to resolve the balance for account no. [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at[redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 28, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with the same last name as [redacted]’s. During a search for the correct consumer, [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.
Following a phone conversation (presumably with [redacted]) on March 31, 2014, her phone number was marked “Do Not Call” in Midland Credit’s computer system for the referenced account, and her address marked “Do Not Mail.” [redacted] will continue to no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, [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 [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
11pt;">
Thank you for your letter inquiry dated March 17, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on July 4, 2004 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 July 13, 2011. The balance at the time of purchase was $301.98.
[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 June 10, 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 [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] states that she believes the matter is over 7 years old. As stated above, the original creditor charged off the account in July 2011. The above-referenced account remains within [redacted]’s Statute of Limitations, which is set to expire on January 14, 2017, and the Federal Reporting Period, which will expire on January 14, 2018 respectively. However, the expiration of these periods does not extinguish the validity of the debt. Expiration of the Statute of Limitations eliminates the legal cause of action on the debt; and expiration of the Federal Reporting Period requires the account to be removed from a consumer’s credit report. In both cases, the debt remains valid, due, and owing.
Regarding [redacted]’s concern that Midland Credit will not remove the above-referenced account from her consumer credit files should payment be received, please note that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. Should payment be received to resolve the matter, Midland Credit would then update the status of the account with the credit reporting agencies to reflect a paid status. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
That being said, [redacted] states that there was an error in the payoff balance with [redacted]. While the seller has not notified Midland Credit of this possibility, Midland Credit stands ready to assist [redacted] in clearing her record if it is somehow attempting to collect an account which was resolved prior to Midland Credit becoming the servicer, and requests that she provide documentation or evidence which substantiates her claim. [redacted] may forward the appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, 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 our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
color: black;">
Thank you for your 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.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 16, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 11, 2007 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2010. The balance at the time of purchase was $443.43. Final payment on the account was received on February 21, 2011. [redacted] has no further financial obligation for this account.
As described in his complaint, [redacted] disputes the reference debt, stating it is a result of fraudulent activity. On November 21, 2010, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. 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.
On February 21, 2011, during a telephone conversation, [redacted] agreed to a settlement in the amount of $275.92. [redacted] completed his payments and he has no further financial obligation to the account. 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.
With that said, in keeping with its Consumer-First policy, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a police report showing that he reported the fraudulent activity. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 8, 2007 as an [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 January 31, 2012. The balance at the time of purchase was $878.14.
While not the only item of concern referenced in her complaint, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies. In [redacted] case, Midland Credit is registered with the [redacted] Department of Financial Institutions. Please have [redacted] contact their agency for more information regarding licensing requirements.
[redacted] writes that she has attempted to contact Midland Credit to resolve the debt multiple times over the last year, but has been unsuccessful. She also writes that the only responses she has received from Midland Credit indicate that it will not communicate with her. A review of Midland Credit’s business records indicates that on October 6, 2013, this account was assigned to the law offices of [redacted] [redacted] Midland Credit received notice from [redacted] in February of 2014 that [redacted] no longer wished to be contacted about the account, and the account was marked as “Cease and Desist”. Subsequently, in April of 2014, the account was returned to Midland Credit for servicing. Due to this restriction, any letters sent in response to [redacted] inquiries would have included language advising her that Midland Credit would not contact her further unless a response was required by law. Please also note that Midland Credit is unable to locate record of a telephone conversation with [redacted] in the past year.
[redacted] also indicates that she may have previously resolved the balance, and has sent letters with details of the situation. Midland Credit does not have record of receiving correspondence from [redacted] indicating that the account was previously resolved, or more specific details of her dispute. With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, 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.
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]
September 2, 2014
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 19, 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 June 10, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2007 as an [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 June 30, 2009. The balance at the time of purchase was $1,085.09.
[redacted] disputes the above-referenced debt. Pursuant to Midland Credit’s standard business practices, on June 25, 2011, Midland Credit mailed an initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”). Please note, the letter was mailed to [redacted], which was the address supplied to Midland Funding by the seller upon sale of the account.
While Midland Credit has acted in a timely manner and complied with all applicable laws, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’ consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]:
Roman">Thank you for your letter inquiry
regarding Mr. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
July 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 December 30, 2011.
Information provided by the seller, Cavalry SPV I, LLC, at the time of
acquisition indicates this account was originated on July 6, 2007 as a [redacted], [redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $1,273.60.
On
January 16, 2012, Midland Credit mailed Mr. [redacted] a validation letter, which
informed him that Midland Funding had acquired the account, and of his rights
pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). 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 Mr. [redacted] in response to the
letter. The FDCPA specifically states
that, unless a consumer provides a debt collector with notice of such a dispute
within 30 days of receiving the initial validation letter, “the debt will be
assumed to be valid by the debt collector.”
15 U.S.C. § 1692g(a)(3). Because
Midland Credit did not receive such a notice at the time, Midland Credit
appropriately proceeded with efforts to contact Mr. [redacted] and collect the
debt.
A review of
Midland Credit’s business records indicates that it received the first
correspondence from Mr. [redacted] on or about March 6, 2015. However it was not a request for validation, but
rather an offer to resolve the account for $190.95 in exchange for the deletion
of Midland Credit’s tradeline. Midland
Credit did not accept Mr. [redacted]’s offer.
Mr.
[redacted] expresses a concern that the open date of his [redacted] account is appearing
as December 1, 2011 when the account was opened in March of 2008 and closed in
June of 2010. While Midland Credit is
sensitive to Mr. [redacted]’s concern, Midland Credit does not alter or modify any
of the original account information provided by the seller, such as the name of
the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the
accounts it services based on the business records maintained by the original
lender/seller. In accordance with the
Credit Reporting Resource Guide produced by the Consumer Data Industry
Association, the open date being reported on this account reflects the “date
that the account was purchased by the debt buyer or placed/assigned to the third
party collection agency.”
Mr.
[redacted] also expresses a concern that the account is reporting with several
variations using the same account number.
Consumers are often unclear as to what “charge off” means for a
debt. When a creditor "charges
off" an account, it means that the creditor no longer believes the
consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right
to legally seek repayment of the promissory obligation, the new third-party
purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
Additionally,
[redacted], as the original creditor may also be reporting the account after it was
sold. Whether or not the original
creditor is reporting the account, the account remains valid, due and
owing. Additionally, if Mr. [redacted] obtained his credit report from a
compilation source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau itself. If Mr. [redacted] has concerns regarding the
information being reported by the original creditor, he may dispute it directly
with the credit reporting agencies.
Mr. [redacted] has also
stated that he has been given the run around when he has attempted to obtain
information regarding the reporting of the account. On June 25, 2015 Midland Credit received a
phone call from Mr. [redacted] inquiring about the status of the account. Mr. [redacted] expressed a concern that two
companies were reporting the same account on his credit report. Mr. [redacted] was advised that Midland Credit
cannot comment on the credit reporting of the original creditor and to contact
the credit bureaus to address those concerns.
Mr. [redacted] was also advised that the account is now owned by Midland
Funding and will be reported as such.
Mr.
[redacted] also requests to have the above-referenced account deleted from his
credit report due to the inaccuracies. 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, therefore respectfully declines his request. Please note, on June 7, 2015 Mr. [redacted]
entered into an agreement to resolve the account balance. Should Mr. [redacted] pay the full balance,
Midland Credit will report the account as “Account paid in full, was a
collection account.” Should Mr. [redacted] pay less than the full balance
to fully settle the account, Midland Credit will report an additional memo
stating “Account paid in full for less than the full balance.”
In
keeping with Midland Credit’s Consumer-First policy, and to provide the highest
level of consumer satisfaction, Mr. [redacted]’s account has now been referred to
Account Manager [redacted]. Please
have Mr. [redacted] call Ms. [redacted] at (800) 825-8131 ext. [redacted] to assist him in
reaching a resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Roman';">
Thank you for your letter inquiry dated May 15, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on October 20, 2010. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 22, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 19, 2008. The balance at the time of purchase was $1,382.99.
[redacted] expresses a concern that his validation requests have been ignored. Shortly after Midland Funding acquired the above-referenced account, Midland Credit sent a validation letter to [redacted] on October 24, 2010. Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the Fair Debt Collection Practices Act (hereinafter “FDCPA”) were satisfied.
In said letter, Midland Credit informed [redacted] that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate it did not receive any correspondence from [redacted] in response to the letter.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 1, 2014. Based on the information he provided and pursuant to the Texas Finance Code, Midland Credit responded by sending [redacted] a letter advising him Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
With that said, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from your consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]