Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I would like to say this I will only pay off 300.00 which was my total credit limit. Being that I am very aware as to what charge-off means. I have submitted already two complaints in regards to this matter. I feel as though I should only have to pay this amount because the original company was waiting and wanting to allow it to be charged off to not have to deal with me or this situation. I will pay off 300..00 with payments of 25.00 because that was like I said my original credit line and limit before it was charged off and sent to a debt collector. I am not responsible for that other amount.
I have been trying to handle this matter since 2013. They have been ignoring me. And that is not my fault that it was charged-off. Please understand where I am coming from on this. It was not like I was sitting or allowing for it to get further and further into debt.
Regards,[redacted]
font-size: medium;">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 4, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit is unable to determine if [redacted] is the correct party for the
account in question based on the information provided in [redacted] complaint. Please have [redacted] provide the last four digits of his social security number so that it may
respond appropriately. Once this
information is received, Midland Credit will investigate [redacted] complaint. [redacted] may call Midland
Credit’s Consumer Support Services team at [redacted] to provide
this information so that Midland Credit may resolve his complaint more quickly.
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]
lang="X-NONE">Thank you for your letter inquiry regarding
[redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
October 22, 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 June 18, 2012.
Information provided by the seller, [redacted], at the
time of acquisition indicates this account was originated on October 13, 2011
as a [redacted] account number ending in [redacted], in the name of
[redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as
an unpaid delinquent-debt on May 20, 2012.
The balance at the time of purchase was $666.80.
[redacted]
expresses a concern that her requests for
validation have been ignored. On June 29, 2012, Midland Credit mailed [redacted] a validation letter. The letter was not returned as
“undeliverable,” satisfying the notification requirements of the Fair Debt
Collection Practices Act (“FDCPA”). 15
U.S.C. § 1692. In that letter, Midland
Credit provided the required disclosure of rights set forth in the FDCPA (15
U.S.C. § 1692).
Midland Credit’s
business records indicate that it did not receive any correspondence disputing
the debt or requesting validation from [redacted] in
response to the letter. A review of Midland Credit’s business records
indicate that the first correspondence requesting validation from [redacted] was received via email through Midland Credit’s online portal
on September 16, 2015. In response, Midland
Credit sent [redacted] a copy of the verification information provided by the
seller on September 23, 2015.
Although a copy
of the verification information provided by the seller was sent to [redacted] on
September 23, 2015, two additional requests for validation were received via
email on October 16, 2015 and on October 22, 2015. This response to [redacted]’s Revdex.com complaint
will serve to address the concerns raised in the email received on October 22,
2015. In response to the requests
received on October 16, 2015, Midland Credit sent [redacted] a letter on
October 21, 2015 requesting more information about the nature of her dispute as
well as documentation to support her claims.
A copy of the
verification information provided by the seller is again enclosed for [redacted] records. Please note that the
verification information provided by the seller meets the requirements of the
FDCPA. Additionally, a review of Midland
Credit’s business records indicate that the account information it is
furnishing to the three major credit reporting agencies is accurate.
[redacted] also expresses
a concern that Midland Credit is attempting to collect $902.00 on a debt which
should have a balance of $667.00. Please
note that the account was purchased from the seller with all rights. Interest charged by the original creditor is
allowable by law. Likewise, any interest
added by Midland Credit is permissible and was provided for in the contract
with the original creditor when the account was purchased. This information would also normally be
included in the paperwork the consumer receives when the account is initially
opened. The interest
at the time of purchase was 15%. There has been a total of $234.70 in accrued
interest applied to the account. Midland
Credit made a business decision to stop charging interest on this account in
September 2014 and the balance has remained at $901.50 since that time.
With that said, if [redacted]
is ready to resolve this debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I was notified that my complaints against Midland Credit Management is considered resolved. I did not see this business' s response until Revdex.com San Diego sent me notice of resolved status. Please reopen this complaint. Midland Credit Management is a junk debt buyer (jdb). They have not adequate provided verification of any debt submitted to the credit reporting agencies via my credit reports. At least one of the company's they are reporting was shut down by the government and is no long in business. This jdb has re- aged the account according to their date of purchase Thank you for taking the time to review my file and to help me with this matter of dealing with Midland Credit Management.
To date, Midland has a poor track record in regards to its collection tactics which have resulted in fines from the United States Government and from individual states as well. As of this year Midland has had to pay close to one million dollars in fines and penalties due to their unlawful business procedures which violate the consumer’s rights. Their illegal actions have caused thousands upon thousands of consumer’s credit files to be tainted with negative remarks. I realize that litigation against this company is the next step in my process. I thank you one again for your time and I look forward to having Midland Credit Management removed from my credit files.This jdb needs to remove all of their obsolete, erroneous, and derogatory information from my credit files immediately.
I set up automatic payments with this company back in March of 2016. I told them what day of the week they were authorized to take out their agreed payment and had no issues until this week. The original agreement was on every other Friday on the weeks that I am paid...I get paid bi-weekly. This week they took their payment 2 days early, resulting in my bank account being overdrawn and being charged an extra $30 in fees by my bank. When I called Midland to find out what happened, I immediately requested to speak to a supervisor, as I understand that the reps answering the phones would not be able to help me out. I was put on hold from the start for 45 minutes. After waiting this long on hold with no answer, I used my cell phone to call back. A different rep answered my second call. I explained that I was currently on hold and wanted to know when I would be able to speak to a supervisor. He told me that all supervisors for the company were in a meeting and that it was not possible for me to speak to a supervisor. I inquired if this was known to all employees, to which he responded with "yes". I then asked how putting customers on hold with knowledge that their calls would not be answered was maintaining a good relationship with their customers; I was promptly given an attitude by the rep. I then asked if maybe he could help me and I explained the situation to him. He told me that I needed to call a different number, gave me the number, said bye and hung up on me. I then called the alternate number...another rep answered the phone, to whom I again explained my situation to. She sent me to another rep for an attempt at an explanation. This new rep, while maintaining a small level of politeness, gave me three different excuses as to how this was not their fault. He insulted my intelligence by insinuating that I didn't understand how debit transactions worked, which I do understand, then tried to tell me it was an issue with my debit card. When I brought up the fact that I never provided this company with my debit card information, he tried to place the blame on technological blunders that make no sense to anyone who has ever worked with payment methods before. He then told me that the agreement that was made was for payment to be taken out on a different date than originally set. I told him that his company failed to follow the agreement in place and that I should be reimbursed for the bank fees charged by my bank. I then requested the direct extension for a supervisor. He told me it would do me no good to call her as she was on break. I demanded her extension anyway and asked that my automatic payments be canceled. I politely ended our conversation and called the extension I was given. It has been two days since I left my voicemail and I have not received a return call. I am a patient person and understand that mistakes can be made, but the attitudes and hoops that I had to jump through in order to even get a ridiculous excuse for this is just unacceptable. There is a reason why my account was taken over by this company: I am in financial trouble. I am in good faith trying to pay off a debt and I am of the opinion that, once this company feels comfortable with taking my money, that they deliberately set me up for financial hardship. I would not recommend doing any type of business with this company. They refuse to accept responsibility for their actions and blame the customer.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.The only correspondence I have received from the company regarding this matter is the recent correspondence which I feel resulted in the certified letter that I sent to the company and the complaint that has been filed with the Revdex.com which I began after receiving legal advice on how to handle the matter. Two weeks ago the company sent me a document in a yellow envelope that lists four telephone numbers, my name, and my address. The letter lists charges in regards to service usage and early termination fees. No documentation showing an application, my signature, or other form of request was included in the envelope. Based on the time of the account be initiated with [redacted], a fraud alert had been placed on my credit reports. [redacted] never contacted me to confirm that I was the person in fact requesting credit and using the services obtained. I initiated these inquiries not Midland Credit. Because of the extremity of the matter, I prefer written communication to help monitor and maintain proof.
Regards,[redacted]
Roman">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
November 10, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] expresses a concern that they are receiving calls at least five times a
day looking for someone that does not live there. An investigation of this matter indicates
that Midland Credit is the servicer of an account belonging to another
consumer. During a search for the
correct consumer, [redacted] phone number was provided to Midland Credit
representatives by the seller. In
reliance on that information, Midland Credit attempted to contact the consumer
regarding the referenced account.
[redacted] states they have asked for the calls to stop but calls continue, and that
the representatives have become belligerent and rude. A review of Midland Credit’s business records
appears to indicate that it had no information that it was contacting a wrong
number for the consumer until a phone conversation, presumably with [redacted], on November 8, 2015. A further
review of Midland Credit’s business records indicates that within the
referenced call, the Midland Credit representatives acted appropriately.
As
a result of the call on November 8, 2015, [redacted] phone number was marked
“Do Not Call” in Midland Credit’s computer system for the referenced
account. [redacted] will no longer
receive calls from Midland Credit representatives regarding the referenced
account. Additionally, [redacted]
phone number [redacted] has been added to an exclusion list to prevent it
from being called in the future regarding the referenced account.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
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.
As I mentioned in past messages. I HAVE contacted the credit bureaus in question and both have directly contradicted Midland's assertation that they do not provide late information on my account. They have directed me to Midland on multiple occasions and Midland has been of little or no assistance and seems to be confused about the actual way the process works as [redacted] informed me they simply receive the information as provided by Midland.
In addition, since this process began, Midland has changed their status with [redacted] as well from an "open account" to a simple collection account. Modifying the information as will, despite me having no further business dealings with this company.
In searching past Revdex.com cases that mirror mine, I see that Midland.. on multiple occasions has sited their "Customer First Policy" as reason for past removals that mirror mine (which I find alarming at the sheer number of said cases). I expect them to follow their own policy in regards to my situation and issue the same result they have in past cases. To do otherwise, would show bias and discrimination. Their rulings should be fair and consistent. I will not settle for less than the same results that I have seen in numerous cases that mirror mine exactly.
I will not accept their results if they show clear discrimination and bias against me, when I can see them correcting their errors in past cases simply by removing the false data. Fortunately for me, this is public information directly through the Revdex.com site, and I appreciate your assistance in rectifying this matter.. again, I won't consider this settled until Midland removes this false information from my credit report.
Regards,
[redacted]
Thank you for your follow-up
letter
inquiry dated June 18, 2014, regarding [redacted]’s complaint, which Midland Credit
Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
Midland Credit
provided all the relevant account information in its previous letter response
to your office dated May 16, 2014.
Account Nos. [redacted], [redacted] and
[redacted]
[redacted] expresses
concern that the above-referenced accounts were opened fraudulently. Shortly
after the accounts were purchased by Midland Funding, Midland Credit mailed [redacted] separate and unique validation letters – on January 14, 2013 for account
no. [redacted], on December 2, 2010 for account no. [redacted] and on January
18, 2012 for account no. [redacted].
These letters informed him that Midland Funding had acquired the
accounts, and of his rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters
were mailed to [redacted] via the United States Postal Service, and were not
returned as “undeliverable” – satisfying the requirements set forth within the
FDCPA.
Midland Credit’s
business records indicate that it did not receive any correspondence disputing
the debts or requesting validation from [redacted] in response to the
letters. In fact, no correspondence was received from [redacted] prior to
the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically
states that, unless a consumer provides a debt collector with notice of such a
dispute within 30 days of receiving the initial validation letter, “the debt
will be assumed to be valid by the debt collector.” (15 U.S.C. §
1692g(a)(3).) Because Midland Credit did not receive such notices in a
timely manner, Midland Credit appropriately proceeded with efforts to contact Mr.
Valle and collect the debts. A copy of the verification information provided by the
seller for account no. [redacted] is enclosed for [redacted]’s records.
Account no. [redacted]
On November 28, 2013,
Midland Credit mailed [redacted] a validation letter regarding this account. Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as
“undeliverable” – thus satisfying the requirements set forth within the Fair
Debt Collection Practices Act (hereinafter “FDCPA”).
Midland Credit’s
business records indicate that [redacted]’s dispute is timely pursuant to
applicable law specific to this account.
Upon receipt, Midland Credit ceased collection efforts, acknowledged [redacted] dispute, and annotated the account as disputed. Midland Credit has received verification
information from the seller. A copy is
enclosed for [redacted]’s records.
With that said, if any
of the previously discussed accounts are the product of identity theft, Midland
Credit stands ready to assist [redacted] in clearing his record. 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. The appropriate documentation should be
submitted directly to Midland Credit to its Consumer Support Services
Department at the address on this letterhead.
Otherwise, if [redacted] is ready to settle any of the previously discussed accounts, he may
qualify for a reduction in his account balances. Please have [redacted] call Account Manager
[redacted] at [redacted] to assist him in reaching
resolutions that will be both beneficial to him, as well as settle the account
balances.
Please
note that Midland
Credit made the business decision to close account no. [redacted] on June 4,
2014. There will be no further
collection activity, credit reporting or sale of this account. In addition, the three credit-reporting
agencies have been notified to delete all reference to the account in question
from [redacted]’s 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
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.
At this point, we're just going back and forth. You stand firm in your dishonest business practices, and I stand firm that I paid in full to have the debt removed from my credit. I wish for this complaint to be finalized as unresolved due to dishonesty on Midland's part. You have my full permission to publish the entire complaint and all communications to the Revdex.com website. Perhaps it will help others who may be conned into thinking they are entering into an agreement that Midland definitely won't stand by. A word of advice, folks: Make sure you get any and all agreements *in writing* from this company before you pay them a dime.
Also, challenge any lawsuits they may have against you to collect. It's possible more often than not to get lawsuits by Midland thrown out if you just fight back. They count on the fact that 90% of the people they sue won't even show up in court, and will have a default judgment made against them. They've paid out millions in settlements because they've illegally robo-signed legal documents. Oh, and don't bother trying to reach them on the phone because you'll be talking to someone from India or Pakistan who barely speaks English.
Regards,
[redacted]
class="MsoBodyText3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
November 18, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(“Midland Funding”), on February 17,
2012. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on May 11, 2010 as a [redacted]
account number ending in [redacted],
in the name of [redacted], under the last four of the
social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 17, 2012. The balance at the time of purchase was $575.43.
[redacted] expresses a concern that this account was previously paid to [redacted]. On February 28, 2012, Midland
Credit mailed [redacted] a validation letter.
Please note that the letter was mailed to the same address listed within
the consumer’s complaint via the United States Postal Service. The letter was not returned as
“undeliverable,” satisfying the notification requirements of the Fair Debt
Collection Practices Act (“FDCPA”). 15
U.S.C. § 1692. In that letter, Midland
Credit provided the required disclosure of rights set forth in the FDCPA (15
U.S.C. § 1692).
Midland
Credit’s business records indicate that it did not receive any written correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. In fact, no written correspondence was received directly from [redacted] prior to the complaint filed through your office.
[redacted] also expresses a concern that the
balance of the account is higher than the credit limit on the account.
Consumers are often unclear as to what a credit limit indicates. The
credit limit is the amount of credit which the creditor is willing to allow a
consumer to use. However, the credit limit does not constitute the
maximum balance that may become due on an account, as one can go over the
credit limit. In addition, fees and interest may be assessed on the
account based on its usage and payment history. Such fees and interest
can continue to accrue once the available amount of credit has been used,
causing a balance higher than the credit limit. This information would
normally be included in the paperwork the consumer receives when the account is
initially opened.
Additionally,
[redacted] writes that while Midland Funding continues to report on his
consumer credit files, the original creditor also continues to report the
above-referenced account as well. [redacted] as the original
creditor may be reporting the account. Whether or not the original creditor
is reporting the account does not affect the validity of the debt. If [redacted] has concerns regarding the information being reported by the original
creditor, he may dispute it directly with the credit reporting agencies.
Midland
Credit stands ready to assist [redacted] in clearing his record if Midland
Credit is somehow attempting to collect an account which was previously
resolved, and requests that he provide documentation or evidence which
substantiates [redacted] claim. [redacted] can contact Midland Credit online at [redacted] where he can email questions to a Consumer Support
Services (CSS) specialist, find the answers to frequently asked questions, and
upload documents to support his request. Uploaded documents are
automatically sent to a CSS specialist, who will investigate the consumer’s question
and mail back a response. Or [redacted] may
forward appropriate documentation to CSS using the contact information on this
letterhead.
With that said, upon receipt of [redacted] complaint, Midland Credit acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection
efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification
of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish
account information to the three major credit reporting agencies until it is
able to provide [redacted] with verification of the debt.
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
November 5, 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 28, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates
this account was originated on April 13, 2010 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 December 16, 2013. The balance at the time of purchase was $1,515.66. Final
payment on the account was received by Midland Credit on April 4, 2015.
[redacted] has no further financial obligation for this account.
[redacted] expresses a concern that the account does not belong to her. On September
10, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the
same address listed within the consumer’s complaint. The letter was not returned as
“undeliverable,” satisfying the notification requirements of the Fair Debt
Collection Practices Act (“FDCPA”). 15
U.S.C. § 1692. In that letter, Midland
Credit provided the required disclosure of rights set forth in the FDCPA (15
U.S.C. § 1692).
Midland
Credit’s business records indicate that it did not receive any written correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. In response to [redacted] claim that the account does not belong
to her, a copy of the verification information provided by the seller is
enclosed for her records.
Midland
Credit stands ready to assist [redacted] in clearing her record if she 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 a police report showing that she reported the fraudulent
activity. [redacted] can contact Midland
Credit online at [redacted] where she can email questions to a Consumer Support
Services (CSS) specialist, find the answers to frequently asked questions, and
upload documents to support her request. Uploaded documents are
automatically sent to a CSS specialist, who will investigate the consumer’s
question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact
information on this letterhead.
[redacted] also expresses a desire to have the above-referenced account deleted from
her consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was
able to assist [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 [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
class="MsoNormal">
Thank you for your letter inquiry dated July 31, 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 is the servicer of the three accounts belonging to [redacted] referenced in his complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 23, 2006 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 September 30, 2010. The balance at the time of purchase was $1,811.61.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 17, 2003 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 September 30, 2010. The balance at the time of purchase was $1,931.01.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 20, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 11, 2008 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 29, 2011. The balance at the time of purchase was $6,469.83.
A review of Midland Credit’s business records indicates that on May 28, 2013, account no. [redacted] was assigned to Midland Credit’s internal legal collections department (“Internal Legal”) whose mailing address is [redacted]. Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm.
Midland Credit mailed [redacted] separate and unique validation letters – on May 4, 2012 for account no. [redacted], on June 13, 2012 for account no. [redacted], and on July 1, 2012 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to the same [redacted] address listed within [redacted]’s complaint via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received by Midland Credit 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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also expresses a concern that the above-referenced accounts are attached to an address in another state that does not belong to him. In the normal course of its business practices to maintain the most current contact information of consumers, and without any response to Midland Credit’s attempts to contact [redacted], a [redacted] address believed to be his was provided to Midland Credit by a third party. In reliance on that information, Midland Credit adjusted its files accordingly, which included using the [redacted] address when reporting to the credit bureaus at that time.
Midland Credit has updated its computer system for the above-referenced accounts to once again show [redacted]’s current address as [redacted]. Updates for all three of the above-referenced accounts have been sent to the credit reporting agencies in order to reflect a return to the [redacted] address and as the accounts remain valid, due and owing to it, Midland Credit will continue to report them in accordance with applicable law.
If [redacted] is ready to settle the above-referenced debts, [redacted] may qualify for a reduction in his account balances. In relation to account nos. [redacted] and [redacted], 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 balances. In regard to account no. [redacted], [redacted] may reach [redacted] at their contact information provided above should he wish to discuss the account or repayment options.
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]
March 13, 2015
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VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 2, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s phone number, [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit acted in a timely manner and has complied with all applicable laws. Midland Credit respectfully declines [redacted]’s request for monetary compensation.
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]:
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Thank you for your letter inquiry dated March 26, 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 four accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 28, 2007 as a [redacted] card 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 July 20, 2008. The balance at the time of purchase was $2,076.56.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on October 31, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 5, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 17, 2012. The balance at the time of purchase was $982.98.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on July 20, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 21, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 20, 2008. The balance at the time of purchase was $1,132.63.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on August 11, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on June 5, 1999 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 April 22, 2008. The balance at the time of purchase was $6,435.11.
Shortly after Midland Funding acquired the above-referenced accounts, Midland Credit sent separate and unique validation letters to [redacted] – on December 6, 2013 for account no. [redacted], November 8, 2013 for account no. [redacted], July 24, 2010 for account no. [redacted], and August 16, 2010 for account no. [redacted]. Please note that the letters were 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 letters, 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). The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such notices at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
Midland Credit’s business records indicate that it has also not received any correspondence from [redacted] pursuant to the [redacted] Finance Code. Based on the information provided by the seller, Midland Credit has determined that its credit files and credit reporting of the above-referenced accounts are accurate.
[redacted] expresses a concern that Midland Credit representatives have been calling his cell phone and not leaving messages within the past month. Please note that Midland Credit was not notified of [redacted]’s desire to no longer receive phone calls until receipt of this complaint. A review of Midland Credit’s records indicates between January 1, 2014 and March 14, 2014 calls were placed regarding account numbers [redacted] and [redacted] at days and times allowable by applicable law. The last call to [redacted] was placed on March 14, 2014. Further review of its business records indicate no calls were placed to the phone number provided by [redacted] regarding account nos. [redacted] and [redacted] since January 1, 2014.
In reference to his concern about not leaving messages, Midland Credit takes its obligations under the FDCPA extremely seriously. It is Midland Credit’s policy to not leave voicemail messages for a consumer without having previously spoken to the consumer so that Midland Credit can ensure it is not leaving a voicemail message on an incorrect phone number for the consumer.
Midland Credit’s business records indicate [redacted] verbally disputed account number [redacted] on March 12, 2014. This is the only account Midland Credit has been notified he is disputing. While Midland Credit has acted timely and accordingly within the requirements of applicable law, in keeping with its Consumer-First policy, Midland Credit acknowledges [redacted]’s dispute of account no. [redacted]. Midland Credit and has ceased collection efforts, annotated the account as disputed, and is in the process of verifying the debt.
Additionally, Midland Credit will suspend further reporting of the account to the three credit reporting agencies until it is able to provide your office with verification of the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office and at that point, this account may still be reported on [redacted]’s credit report as unpaid. In the meantime, should [redacted] have any questions, please have him contact Consumer Support Services at [redacted]
Midland Credit will be closing its investigation of [redacted]’s dispute regarding account numbers [redacted], and [redacted] and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act. With that said, Per [redacted]’s request, the above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I respectfully disagree with [redacted] response.
Notwithstanding the fact that this account does not belong to me, the fact that I may have not replied to any prior correspondence to dispute its validity does not mean that it is mine, even though by virtue of the fact that I did not reply makes it mine by default. The fact is, I am not aware of any prior correspondence.
Additionally, by [redacted] own admittance this account originated on April 15, 1998!!! That was over 16 years ago and is well past its statue of limitations, this is if anything a perfect example of a "zombie debt."
Furthermore, I was going to college and living in Paris, France during the time that [redacted] alleges that this account was opened.
Finally... I disputed the validity of this account as soon as I found out about its existence and I also requested validation of this account on at least two separate occasions. To be more specific, I requested a copy of a signed application of credit, copy of a signed contract and or copies of signed receipts for goods and or services received.
However, as of today, I have yet to receive such documentation. A letter simply stating that it is mine is not and does not prove that this account is in fact mine.
Therefore, I respectfully request based on these facts that this account be permanently closed and that all future collection activity, including any form of reporting of this debt to any credit bureau be immediately terminated in order to avoid my having to escalate this matter any further.
Respectfully,
[redacted]
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Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 27, 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”). The full name of the original creditor for the above-referenced account is [redacted]. (“[redacted]”). [redacted] then sold the account to Midland Funding on or about October 14, 2014, which was immediately placed for servicing with Midland Credit. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 23, 2010 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Information provided by the seller indicates that [redacted] received the last payment for the account on December 15, 2013 in the amount of $68.86. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 27, 2014. The balance at the time of purchase by Midland Funding was $2,913.79. The current amount due is $2,913.79.
[redacted] expresses concern that he has attempted to contact Midland Credit to resolve the balance for the above-referenced debt, but has been unable to set up an arrangement with an Account Manager. Midland Credit appreciates [redacted] willingness to resolve this account, and apologizes for the inconvenience [redacted] experienced in his attempts so far.
On September 3, 2015, a Midland Credit representative contacted [redacted] to see if he was still interested in resolving the account, and transferred him to an Account Manager. [redacted] requested that a letter confirming his offer of $1,800.00 to resolve the balance be mailed to him before he submitted a payment. This letter will be mailed to him at the same address provided in his complaint.
Midland Credit looks forward to continuing to work with [redacted] to reach a positive resolution. Should [redacted] have any further questions or concerns about the payment arrangement, he may contact [redacted] to assist him, or Midland Credit’s Consumer Support Services team 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
Dear [redacted]
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Thank you for your letter inquiry regarding [redacted] ’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] references three accounts of which Midland Credit is attempting to collect; please note that Midland Credit is the servicer of only two accounts for [redacted]. A judgment has been obtained on one of the accounts.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on February 17, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 31, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 6, 2012.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 18, 2010, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 28, 2011.
[redacted] expresses concern that Midland Credit is attempting to collect on accounts which are not his and which may be the result of fraud. Midland Credit mailed [redacted] separate and unique validation letters – on February 27, 2012, for account no. [redacted], and on November 21, 2012, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first written correspondence requesting validation directly from [redacted] concerning account no. [redacted] on May 8, 2015. Midland Credit has not previously received any correspondence concerning account no. [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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted]’s letter references a requirement that Midland Credit respond to his 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 his account appropriately, and will continue to do so.
A review of Midland Credit’s business records indicates that on July 22, 2012, account no. [redacted] was assigned to the law firm of [redacted] located at [redacted] Their phone number is [redacted]. Midland Credit has forwarded a copy of the complaint to the firm and inquired regarding the matter. [redacted] has advised that an initial notice of the debt was mailed to [redacted] on or about July 25, 2012. When a resolution could not be reached, suit was filed on August 31, 2012 and [redacted] was served by the Court on or about September 10, 2012.
On September 18, 2012, and September 25, 2012, [redacted] contacted [redacted] office and agreed to a Stipulation of Settlement for $127.66 per month to resolve the balance for $638.12 beginning September 28, 2012. The first payment was made on October 2, 2012, and the agreement was signed and submitted to the Court on October 4, 2012. However, no additional payments were submitted. [redacted] entered into a new arrangement on January 22, 2013, under a Consent Order Withholding Wage Execution for $250.00 per month beginning February 22, 2013, and judgment was subsequently entered on January 24, 2013. [redacted] worked with [redacted] to make payment arrangements, and final payment for the balance was received on March 10, 2014. [redacted] submitted the closing document to the Court on March 14, 2014, and updated the account as paid in full.
While the account was being updated to a paid status, [redacted] contacted Midland Credit to inquire about the status of his account, and now questions the alleged conduct of certain Midland Credit employees during that call. Please note that the alleged conduct described by [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
A review of Midland Credit’s business records indicates that [redacted]’s was appropriately updated, and that it is accurately reporting 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.” The credit reporting agencies report the judgment as a matter of public record and do so in accordance with applicable law. Midland Credit has no control over the credit reporting of any matters of public record.
Midland Credit stands ready to assist [redacted] regarding account no. [redacted] 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 www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead.
Due to [redacted]’s concerns, the above-referenced accounts have been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.The letter referred as validating was only a letter originating from Midland Funding LLC simply stating they had acquired a debt. My dispute is that they had not provided me with actual documentation as required yet they referred to such documents in a response to the dispute which states "after reviewing the records and account notes". Again, I cannot stress enough the fact that other than a letter, claiming they acquired a debt, I had not received any factual documentation showing account activity. Anyone can generate a letter claiming they acquired a debt. The fact they had not provided those documents in February 2013 means they should have removed their claim in 2013. I have a copy of the letter I sent to Midland in February 2013. Regards,
[redacted]
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VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 27, 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.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on August 9, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 21, 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 November 20, 2008. The balance at the time of purchase was $444.27.
While not the only item of concern identified within [redacted] complaint, she writes that the above-referenced account is not hers. On August 20, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence via e-mail requesting validation from [redacted] on May 22, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses a concern that the above-referenced account is reporting as “120 days past due” on her consumer credit files. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 days past due” to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account to the three major credit reporting agencies.
[redacted] also writes that Midland Credit is reporting inaccurate information on her consumer credit files, listing the account as a “key derogatory.” Please note that the account is not being reported as “key derogatory.” The credit bureaus determine which accounts should be marked as a “key derogatory” and marks them as such. In addition, it is Midland Credits understanding that only the consumer can see the notation of “key derogatory.”
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – factoring company account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment. Further, e-OSCAR, the online credit reporting system, provides the following definition of a factoring company: “Factoring Company - A company that purchases accounts with the intent of collecting debts owed.” Midland Credit has been advised by two credit reporting agencies that it should be classified as a factoring company for credit reporting purposes.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. Based on the law and guidelines governing credit reporting, it would appear that the account is being correctly reported. In addition, if [redacted] obtained her 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.
Please assure [redacted] that Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller, and the payment history of each individual consumer.
With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she 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 she 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. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, per [redacted]’ previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I would like to say this I will only pay off 300.00 which was my total credit limit. Being that I am very aware as to what charge-off means. I have submitted already two complaints in regards to this matter. I feel as though I should only have to pay this amount because the original company was waiting and wanting to allow it to be charged off to not have to deal with me or this situation. I will pay off 300..00 with payments of 25.00 because that was like I said my original credit line and limit before it was charged off and sent to a debt collector. I am not responsible for that other amount.
I have been trying to handle this matter since 2013. They have been ignoring me. And that is not my fault that it was charged-off. Please understand where I am coming from on this. It was not like I was sitting or allowing for it to get further and further into debt.
Regards,[redacted]
Dear [redacted]
font-size: medium;">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 4, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit is unable to determine if [redacted] is the correct party for the
account in question based on the information provided in [redacted] complaint. Please have [redacted] provide the last four digits of his social security number so that it may
respond appropriately. Once this
information is received, Midland Credit will investigate [redacted] complaint. [redacted] may call Midland
Credit’s Consumer Support Services team at [redacted] to provide
this information so that Midland Credit may resolve his complaint more quickly.
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
October 22, 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 June 18, 2012.
Information provided by the seller, [redacted], at the
time of acquisition indicates this account was originated on October 13, 2011
as a [redacted] account number ending in [redacted], in the name of
[redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as
an unpaid delinquent-debt on May 20, 2012.
The balance at the time of purchase was $666.80.
[redacted]
expresses a concern that her requests for
validation have been ignored. On June 29, 2012, Midland Credit mailed [redacted] a validation letter. The letter was not returned as
“undeliverable,” satisfying the notification requirements of the Fair Debt
Collection Practices Act (“FDCPA”). 15
U.S.C. § 1692. In that letter, Midland
Credit provided the required disclosure of rights set forth in the FDCPA (15
U.S.C. § 1692).
Midland Credit’s
business records indicate that it did not receive any correspondence disputing
the debt or requesting validation from [redacted] in
response to the letter. A review of Midland Credit’s business records
indicate that the first correspondence requesting validation from [redacted] was received via email through Midland Credit’s online portal
on September 16, 2015. In response, Midland
Credit sent [redacted] a copy of the verification information provided by the
seller on September 23, 2015.
Although a copy
of the verification information provided by the seller was sent to [redacted] on
September 23, 2015, two additional requests for validation were received via
email on October 16, 2015 and on October 22, 2015. This response to [redacted]’s Revdex.com complaint
will serve to address the concerns raised in the email received on October 22,
2015. In response to the requests
received on October 16, 2015, Midland Credit sent [redacted] a letter on
October 21, 2015 requesting more information about the nature of her dispute as
well as documentation to support her claims.
A copy of the
verification information provided by the seller is again enclosed for [redacted] records. Please note that the
verification information provided by the seller meets the requirements of the
FDCPA. Additionally, a review of Midland
Credit’s business records indicate that the account information it is
furnishing to the three major credit reporting agencies is accurate.
[redacted] also expresses
a concern that Midland Credit is attempting to collect $902.00 on a debt which
should have a balance of $667.00. Please
note that the account was purchased from the seller with all rights. Interest charged by the original creditor is
allowable by law. Likewise, any interest
added by Midland Credit is permissible and was provided for in the contract
with the original creditor when the account was purchased. This information would also normally be
included in the paperwork the consumer receives when the account is initially
opened. The interest
at the time of purchase was 15%. There has been a total of $234.70 in accrued
interest applied to the account. Midland
Credit made a business decision to stop charging interest on this account in
September 2014 and the balance has remained at $901.50 since that time.
With that said, if [redacted]
is ready to resolve this debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I was notified that my complaints against Midland Credit Management is considered resolved. I did not see this business' s response until Revdex.com San Diego sent me notice of resolved status. Please reopen this complaint. Midland Credit Management is a junk debt buyer (jdb). They have not adequate provided verification of any debt submitted to the credit reporting agencies via my credit reports. At least one of the company's they are reporting was shut down by the government and is no long in business. This jdb has re- aged the account according to their date of purchase Thank you for taking the time to review my file and to help me with this matter of dealing with Midland Credit Management.
To date, Midland has a poor track record in regards to its collection tactics which have resulted in fines from the United States Government and from individual states as well. As of this year Midland has had to pay close to one million dollars in fines and penalties due to their unlawful business procedures which violate the consumer’s rights. Their illegal actions have caused thousands upon thousands of consumer’s credit files to be tainted with negative remarks. I realize that litigation against this company is the next step in my process. I thank you one again for your time and I look forward to having Midland Credit Management removed from my credit files.This jdb needs to remove all of their obsolete, erroneous, and derogatory information from my credit files immediately.
I set up automatic payments with this company back in March of 2016. I told them what day of the week they were authorized to take out their agreed payment and had no issues until this week. The original agreement was on every other Friday on the weeks that I am paid...I get paid bi-weekly. This week they took their payment 2 days early, resulting in my bank account being overdrawn and being charged an extra $30 in fees by my bank. When I called Midland to find out what happened, I immediately requested to speak to a supervisor, as I understand that the reps answering the phones would not be able to help me out. I was put on hold from the start for 45 minutes. After waiting this long on hold with no answer, I used my cell phone to call back. A different rep answered my second call. I explained that I was currently on hold and wanted to know when I would be able to speak to a supervisor. He told me that all supervisors for the company were in a meeting and that it was not possible for me to speak to a supervisor. I inquired if this was known to all employees, to which he responded with "yes". I then asked how putting customers on hold with knowledge that their calls would not be answered was maintaining a good relationship with their customers; I was promptly given an attitude by the rep. I then asked if maybe he could help me and I explained the situation to him. He told me that I needed to call a different number, gave me the number, said bye and hung up on me. I then called the alternate number...another rep answered the phone, to whom I again explained my situation to. She sent me to another rep for an attempt at an explanation. This new rep, while maintaining a small level of politeness, gave me three different excuses as to how this was not their fault. He insulted my intelligence by insinuating that I didn't understand how debit transactions worked, which I do understand, then tried to tell me it was an issue with my debit card. When I brought up the fact that I never provided this company with my debit card information, he tried to place the blame on technological blunders that make no sense to anyone who has ever worked with payment methods before. He then told me that the agreement that was made was for payment to be taken out on a different date than originally set. I told him that his company failed to follow the agreement in place and that I should be reimbursed for the bank fees charged by my bank. I then requested the direct extension for a supervisor. He told me it would do me no good to call her as she was on break. I demanded her extension anyway and asked that my automatic payments be canceled. I politely ended our conversation and called the extension I was given. It has been two days since I left my voicemail and I have not received a return call. I am a patient person and understand that mistakes can be made, but the attitudes and hoops that I had to jump through in order to even get a ridiculous excuse for this is just unacceptable. There is a reason why my account was taken over by this company: I am in financial trouble. I am in good faith trying to pay off a debt and I am of the opinion that, once this company feels comfortable with taking my money, that they deliberately set me up for financial hardship. I would not recommend doing any type of business with this company. They refuse to accept responsibility for their actions and blame the customer.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.The only correspondence I have received from the company regarding this matter is the recent correspondence which I feel resulted in the certified letter that I sent to the company and the complaint that has been filed with the Revdex.com which I began after receiving legal advice on how to handle the matter. Two weeks ago the company sent me a document in a yellow envelope that lists four telephone numbers, my name, and my address. The letter lists charges in regards to service usage and early termination fees. No documentation showing an application, my signature, or other form of request was included in the envelope. Based on the time of the account be initiated with [redacted], a fraud alert had been placed on my credit reports. [redacted] never contacted me to confirm that I was the person in fact requesting credit and using the services obtained. I initiated these inquiries not Midland Credit. Because of the extremity of the matter, I prefer written communication to help monitor and maintain proof.
Regards,[redacted]
Dear [redacted]
Roman">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
November 10, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] expresses a concern that they are receiving calls at least five times a
day looking for someone that does not live there. An investigation of this matter indicates
that Midland Credit is the servicer of an account belonging to another
consumer. During a search for the
correct consumer, [redacted] phone number was provided to Midland Credit
representatives by the seller. In
reliance on that information, Midland Credit attempted to contact the consumer
regarding the referenced account.
[redacted] states they have asked for the calls to stop but calls continue, and that
the representatives have become belligerent and rude. A review of Midland Credit’s business records
appears to indicate that it had no information that it was contacting a wrong
number for the consumer until a phone conversation, presumably with [redacted], on November 8, 2015. A further
review of Midland Credit’s business records indicates that within the
referenced call, the Midland Credit representatives acted appropriately.
As
a result of the call on November 8, 2015, [redacted] phone number was marked
“Do Not Call” in Midland Credit’s computer system for the referenced
account. [redacted] will no longer
receive calls from Midland Credit representatives regarding the referenced
account. Additionally, [redacted]
phone number [redacted] has been added to an exclusion list to prevent it
from being called in the future regarding the referenced account.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
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.
As I mentioned in past messages. I HAVE contacted the credit bureaus in question and both have directly contradicted Midland's assertation that they do not provide late information on my account. They have directed me to Midland on multiple occasions and Midland has been of little or no assistance and seems to be confused about the actual way the process works as [redacted] informed me they simply receive the information as provided by Midland.
In addition, since this process began, Midland has changed their status with [redacted] as well from an "open account" to a simple collection account. Modifying the information as will, despite me having no further business dealings with this company.
In searching past Revdex.com cases that mirror mine, I see that Midland.. on multiple occasions has sited their "Customer First Policy" as reason for past removals that mirror mine (which I find alarming at the sheer number of said cases). I expect them to follow their own policy in regards to my situation and issue the same result they have in past cases. To do otherwise, would show bias and discrimination. Their rulings should be fair and consistent. I will not settle for less than the same results that I have seen in numerous cases that mirror mine exactly.
I will not accept their results if they show clear discrimination and bias against me, when I can see them correcting their errors in past cases simply by removing the false data. Fortunately for me, this is public information directly through the Revdex.com site, and I appreciate your assistance in rectifying this matter.. again, I won't consider this settled until Midland removes this false information from my credit report.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up
letter
inquiry dated June 18, 2014, regarding [redacted]’s complaint, which Midland Credit
Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
Midland Credit
provided all the relevant account information in its previous letter response
to your office dated May 16, 2014.
Account Nos. [redacted], [redacted] and
[redacted]
[redacted] expresses
concern that the above-referenced accounts were opened fraudulently. Shortly
after the accounts were purchased by Midland Funding, Midland Credit mailed [redacted] separate and unique validation letters – on January 14, 2013 for account
no. [redacted], on December 2, 2010 for account no. [redacted] and on January
18, 2012 for account no. [redacted].
These letters informed him that Midland Funding had acquired the
accounts, and of his rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters
were mailed to [redacted] via the United States Postal Service, and were not
returned as “undeliverable” – satisfying the requirements set forth within the
FDCPA.
Midland Credit’s
business records indicate that it did not receive any correspondence disputing
the debts or requesting validation from [redacted] in response to the
letters. In fact, no correspondence was received from [redacted] prior to
the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically
states that, unless a consumer provides a debt collector with notice of such a
dispute within 30 days of receiving the initial validation letter, “the debt
will be assumed to be valid by the debt collector.” (15 U.S.C. §
1692g(a)(3).) Because Midland Credit did not receive such notices in a
timely manner, Midland Credit appropriately proceeded with efforts to contact Mr.
Valle and collect the debts. A copy of the verification information provided by the
seller for account no. [redacted] is enclosed for [redacted]’s records.
Account no. [redacted]
On November 28, 2013,
Midland Credit mailed [redacted] a validation letter regarding this account. Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as
“undeliverable” – thus satisfying the requirements set forth within the Fair
Debt Collection Practices Act (hereinafter “FDCPA”).
Midland Credit’s
business records indicate that [redacted]’s dispute is timely pursuant to
applicable law specific to this account.
Upon receipt, Midland Credit ceased collection efforts, acknowledged [redacted] dispute, and annotated the account as disputed. Midland Credit has received verification
information from the seller. A copy is
enclosed for [redacted]’s records.
With that said, if any
of the previously discussed accounts are the product of identity theft, Midland
Credit stands ready to assist [redacted] in clearing his record. 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. The appropriate documentation should be
submitted directly to Midland Credit to its Consumer Support Services
Department at the address on this letterhead.
Otherwise, if [redacted] is ready to settle any of the previously discussed accounts, he may
qualify for a reduction in his account balances. Please have [redacted] call Account Manager
[redacted] at [redacted] to assist him in reaching
resolutions that will be both beneficial to him, as well as settle the account
balances.
Please
note that Midland
Credit made the business decision to close account no. [redacted] on June 4,
2014. There will be no further
collection activity, credit reporting or sale of this account. In addition, the three credit-reporting
agencies have been notified to delete all reference to the account in question
from [redacted]’s 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]
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.
At this point, we're just going back and forth. You stand firm in your dishonest business practices, and I stand firm that I paid in full to have the debt removed from my credit. I wish for this complaint to be finalized as unresolved due to dishonesty on Midland's part. You have my full permission to publish the entire complaint and all communications to the Revdex.com website. Perhaps it will help others who may be conned into thinking they are entering into an agreement that Midland definitely won't stand by. A word of advice, folks: Make sure you get any and all agreements *in writing* from this company before you pay them a dime.
Also, challenge any lawsuits they may have against you to collect. It's possible more often than not to get lawsuits by Midland thrown out if you just fight back. They count on the fact that 90% of the people they sue won't even show up in court, and will have a default judgment made against them. They've paid out millions in settlements because they've illegally robo-signed legal documents. Oh, and don't bother trying to reach them on the phone because you'll be talking to someone from India or Pakistan who barely speaks English.
Regards,
[redacted]
Dear [redacted]
class="MsoBodyText3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
November 18, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(“Midland Funding”), on February 17,
2012. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on May 11, 2010 as a [redacted]
account number ending in [redacted],
in the name of [redacted], under the last four of the
social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 17, 2012. The balance at the time of purchase was $575.43.
[redacted] expresses a concern that this account was previously paid to [redacted]. On February 28, 2012, Midland
Credit mailed [redacted] a validation letter.
Please note that the letter was mailed to the same address listed within
the consumer’s complaint via the United States Postal Service. The letter was not returned as
“undeliverable,” satisfying the notification requirements of the Fair Debt
Collection Practices Act (“FDCPA”). 15
U.S.C. § 1692. In that letter, Midland
Credit provided the required disclosure of rights set forth in the FDCPA (15
U.S.C. § 1692).
Midland
Credit’s business records indicate that it did not receive any written correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. In fact, no written correspondence was received directly from [redacted] prior to the complaint filed through your office.
[redacted] also expresses a concern that the
balance of the account is higher than the credit limit on the account.
Consumers are often unclear as to what a credit limit indicates. The
credit limit is the amount of credit which the creditor is willing to allow a
consumer to use. However, the credit limit does not constitute the
maximum balance that may become due on an account, as one can go over the
credit limit. In addition, fees and interest may be assessed on the
account based on its usage and payment history. Such fees and interest
can continue to accrue once the available amount of credit has been used,
causing a balance higher than the credit limit. This information would
normally be included in the paperwork the consumer receives when the account is
initially opened.
Additionally,
[redacted] writes that while Midland Funding continues to report on his
consumer credit files, the original creditor also continues to report the
above-referenced account as well. [redacted] as the original
creditor may be reporting the account. Whether or not the original creditor
is reporting the account does not affect the validity of the debt. If [redacted] has concerns regarding the information being reported by the original
creditor, he may dispute it directly with the credit reporting agencies.
Midland
Credit stands ready to assist [redacted] in clearing his record if Midland
Credit is somehow attempting to collect an account which was previously
resolved, and requests that he provide documentation or evidence which
substantiates [redacted] claim. [redacted] can contact Midland Credit online at [redacted] where he can email questions to a Consumer Support
Services (CSS) specialist, find the answers to frequently asked questions, and
upload documents to support his request. Uploaded documents are
automatically sent to a CSS specialist, who will investigate the consumer’s question
and mail back a response. Or [redacted] may
forward appropriate documentation to CSS using the contact information on this
letterhead.
With that said, upon receipt of [redacted] complaint, Midland Credit acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection
efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification
of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish
account information to the three major credit reporting agencies until it is
able to provide [redacted] with verification of the debt.
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
November 5, 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 28, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates
this account was originated on April 13, 2010 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 December 16, 2013. The balance at the time of purchase was $1,515.66. Final
payment on the account was received by Midland Credit on April 4, 2015.
[redacted] has no further financial obligation for this account.
[redacted] expresses a concern that the account does not belong to her. On September
10, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the
same address listed within the consumer’s complaint. The letter was not returned as
“undeliverable,” satisfying the notification requirements of the Fair Debt
Collection Practices Act (“FDCPA”). 15
U.S.C. § 1692. In that letter, Midland
Credit provided the required disclosure of rights set forth in the FDCPA (15
U.S.C. § 1692).
Midland
Credit’s business records indicate that it did not receive any written correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. In response to [redacted] claim that the account does not belong
to her, a copy of the verification information provided by the seller is
enclosed for her records.
Midland
Credit stands ready to assist [redacted] in clearing her record if she 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 a police report showing that she reported the fraudulent
activity. [redacted] can contact Midland
Credit online at [redacted] where she can email questions to a Consumer Support
Services (CSS) specialist, find the answers to frequently asked questions, and
upload documents to support her request. Uploaded documents are
automatically sent to a CSS specialist, who will investigate the consumer’s
question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact
information on this letterhead.
[redacted] also expresses a desire to have the above-referenced account deleted from
her consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was
able to assist [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 [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]:
class="MsoNormal">
Thank you for your letter inquiry dated July 31, 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 is the servicer of the three accounts belonging to [redacted] referenced in his complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 23, 2006 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 September 30, 2010. The balance at the time of purchase was $1,811.61.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 17, 2003 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 September 30, 2010. The balance at the time of purchase was $1,931.01.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 20, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 11, 2008 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 29, 2011. The balance at the time of purchase was $6,469.83.
A review of Midland Credit’s business records indicates that on May 28, 2013, account no. [redacted] was assigned to Midland Credit’s internal legal collections department (“Internal Legal”) whose mailing address is [redacted]. Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm.
Midland Credit mailed [redacted] separate and unique validation letters – on May 4, 2012 for account no. [redacted], on June 13, 2012 for account no. [redacted], and on July 1, 2012 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to the same [redacted] address listed within [redacted]’s complaint via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received by Midland Credit 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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also expresses a concern that the above-referenced accounts are attached to an address in another state that does not belong to him. In the normal course of its business practices to maintain the most current contact information of consumers, and without any response to Midland Credit’s attempts to contact [redacted], a [redacted] address believed to be his was provided to Midland Credit by a third party. In reliance on that information, Midland Credit adjusted its files accordingly, which included using the [redacted] address when reporting to the credit bureaus at that time.
Midland Credit has updated its computer system for the above-referenced accounts to once again show [redacted]’s current address as [redacted]. Updates for all three of the above-referenced accounts have been sent to the credit reporting agencies in order to reflect a return to the [redacted] address and as the accounts remain valid, due and owing to it, Midland Credit will continue to report them in accordance with applicable law.
If [redacted] is ready to settle the above-referenced debts, [redacted] may qualify for a reduction in his account balances. In relation to account nos. [redacted] and [redacted], 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 balances. In regard to account no. [redacted], [redacted] may reach [redacted] at their contact information provided above should he wish to discuss the account or repayment options.
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]
March 13, 2015
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VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 2, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s phone number, [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit acted in a timely manner and has complied with all applicable laws. Midland Credit respectfully declines [redacted]’s request for monetary compensation.
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]:
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Thank you for your letter inquiry dated March 26, 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 four accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 28, 2007 as a [redacted] card 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 July 20, 2008. The balance at the time of purchase was $2,076.56.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on October 31, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 5, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 17, 2012. The balance at the time of purchase was $982.98.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on July 20, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 21, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 20, 2008. The balance at the time of purchase was $1,132.63.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on August 11, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on June 5, 1999 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 April 22, 2008. The balance at the time of purchase was $6,435.11.
Shortly after Midland Funding acquired the above-referenced accounts, Midland Credit sent separate and unique validation letters to [redacted] – on December 6, 2013 for account no. [redacted], November 8, 2013 for account no. [redacted], July 24, 2010 for account no. [redacted], and August 16, 2010 for account no. [redacted]. Please note that the letters were 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 letters, 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). The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such notices at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
Midland Credit’s business records indicate that it has also not received any correspondence from [redacted] pursuant to the [redacted] Finance Code. Based on the information provided by the seller, Midland Credit has determined that its credit files and credit reporting of the above-referenced accounts are accurate.
[redacted] expresses a concern that Midland Credit representatives have been calling his cell phone and not leaving messages within the past month. Please note that Midland Credit was not notified of [redacted]’s desire to no longer receive phone calls until receipt of this complaint. A review of Midland Credit’s records indicates between January 1, 2014 and March 14, 2014 calls were placed regarding account numbers [redacted] and [redacted] at days and times allowable by applicable law. The last call to [redacted] was placed on March 14, 2014. Further review of its business records indicate no calls were placed to the phone number provided by [redacted] regarding account nos. [redacted] and [redacted] since January 1, 2014.
In reference to his concern about not leaving messages, Midland Credit takes its obligations under the FDCPA extremely seriously. It is Midland Credit’s policy to not leave voicemail messages for a consumer without having previously spoken to the consumer so that Midland Credit can ensure it is not leaving a voicemail message on an incorrect phone number for the consumer.
Midland Credit’s business records indicate [redacted] verbally disputed account number [redacted] on March 12, 2014. This is the only account Midland Credit has been notified he is disputing. While Midland Credit has acted timely and accordingly within the requirements of applicable law, in keeping with its Consumer-First policy, Midland Credit acknowledges [redacted]’s dispute of account no. [redacted]. Midland Credit and has ceased collection efforts, annotated the account as disputed, and is in the process of verifying the debt.
Additionally, Midland Credit will suspend further reporting of the account to the three credit reporting agencies until it is able to provide your office with verification of the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office and at that point, this account may still be reported on [redacted]’s credit report as unpaid. In the meantime, should [redacted] have any questions, please have him contact Consumer Support Services at [redacted]
Midland Credit will be closing its investigation of [redacted]’s dispute regarding account numbers [redacted], and [redacted] and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act. With that said, Per [redacted]’s request, the above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I respectfully disagree with [redacted] response.
Notwithstanding the fact that this account does not belong to me, the fact that I may have not replied to any prior correspondence to dispute its validity does not mean that it is mine, even though by virtue of the fact that I did not reply makes it mine by default. The fact is, I am not aware of any prior correspondence.
Additionally, by [redacted] own admittance this account originated on April 15, 1998!!! That was over 16 years ago and is well past its statue of limitations, this is if anything a perfect example of a "zombie debt."
Furthermore, I was going to college and living in Paris, France during the time that [redacted] alleges that this account was opened.
Finally... I disputed the validity of this account as soon as I found out about its existence and I also requested validation of this account on at least two separate occasions. To be more specific, I requested a copy of a signed application of credit, copy of a signed contract and or copies of signed receipts for goods and or services received.
However, as of today, I have yet to receive such documentation. A letter simply stating that it is mine is not and does not prove that this account is in fact mine.
Therefore, I respectfully request based on these facts that this account be permanently closed and that all future collection activity, including any form of reporting of this debt to any credit bureau be immediately terminated in order to avoid my having to escalate this matter any further.
Respectfully,
[redacted]
Dear [redacted]
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Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 27, 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”). The full name of the original creditor for the above-referenced account is [redacted]. (“[redacted]”). [redacted] then sold the account to Midland Funding on or about October 14, 2014, which was immediately placed for servicing with Midland Credit. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 23, 2010 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Information provided by the seller indicates that [redacted] received the last payment for the account on December 15, 2013 in the amount of $68.86. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 27, 2014. The balance at the time of purchase by Midland Funding was $2,913.79. The current amount due is $2,913.79.
[redacted] expresses concern that he has attempted to contact Midland Credit to resolve the balance for the above-referenced debt, but has been unable to set up an arrangement with an Account Manager. Midland Credit appreciates [redacted] willingness to resolve this account, and apologizes for the inconvenience [redacted] experienced in his attempts so far.
On September 3, 2015, a Midland Credit representative contacted [redacted] to see if he was still interested in resolving the account, and transferred him to an Account Manager. [redacted] requested that a letter confirming his offer of $1,800.00 to resolve the balance be mailed to him before he submitted a payment. This letter will be mailed to him at the same address provided in his complaint.
Midland Credit looks forward to continuing to work with [redacted] to reach a positive resolution. Should [redacted] have any further questions or concerns about the payment arrangement, he may contact [redacted] to assist him, or Midland Credit’s Consumer Support Services team 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]
Dear [redacted]
New Roman">
Thank you for your letter inquiry regarding [redacted] ’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] references three accounts of which Midland Credit is attempting to collect; please note that Midland Credit is the servicer of only two accounts for [redacted]. A judgment has been obtained on one of the accounts.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on February 17, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 31, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 6, 2012.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 18, 2010, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 28, 2011.
[redacted] expresses concern that Midland Credit is attempting to collect on accounts which are not his and which may be the result of fraud. Midland Credit mailed [redacted] separate and unique validation letters – on February 27, 2012, for account no. [redacted], and on November 21, 2012, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first written correspondence requesting validation directly from [redacted] concerning account no. [redacted] on May 8, 2015. Midland Credit has not previously received any correspondence concerning account no. [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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted]’s letter references a requirement that Midland Credit respond to his 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 his account appropriately, and will continue to do so.
A review of Midland Credit’s business records indicates that on July 22, 2012, account no. [redacted] was assigned to the law firm of [redacted] located at [redacted] Their phone number is [redacted]. Midland Credit has forwarded a copy of the complaint to the firm and inquired regarding the matter. [redacted] has advised that an initial notice of the debt was mailed to [redacted] on or about July 25, 2012. When a resolution could not be reached, suit was filed on August 31, 2012 and [redacted] was served by the Court on or about September 10, 2012.
On September 18, 2012, and September 25, 2012, [redacted] contacted [redacted] office and agreed to a Stipulation of Settlement for $127.66 per month to resolve the balance for $638.12 beginning September 28, 2012. The first payment was made on October 2, 2012, and the agreement was signed and submitted to the Court on October 4, 2012. However, no additional payments were submitted. [redacted] entered into a new arrangement on January 22, 2013, under a Consent Order Withholding Wage Execution for $250.00 per month beginning February 22, 2013, and judgment was subsequently entered on January 24, 2013. [redacted] worked with [redacted] to make payment arrangements, and final payment for the balance was received on March 10, 2014. [redacted] submitted the closing document to the Court on March 14, 2014, and updated the account as paid in full.
While the account was being updated to a paid status, [redacted] contacted Midland Credit to inquire about the status of his account, and now questions the alleged conduct of certain Midland Credit employees during that call. Please note that the alleged conduct described by [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
A review of Midland Credit’s business records indicates that [redacted]’s was appropriately updated, and that it is accurately reporting 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.” The credit reporting agencies report the judgment as a matter of public record and do so in accordance with applicable law. Midland Credit has no control over the credit reporting of any matters of public record.
Midland Credit stands ready to assist [redacted] regarding account no. [redacted] 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 www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead.
Due to [redacted]’s concerns, the above-referenced accounts have been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.The letter referred as validating was only a letter originating from Midland Funding LLC simply stating they had acquired a debt. My dispute is that they had not provided me with actual documentation as required yet they referred to such documents in a response to the dispute which states "after reviewing the records and account notes". Again, I cannot stress enough the fact that other than a letter, claiming they acquired a debt, I had not received any factual documentation showing account activity. Anyone can generate a letter claiming they acquired a debt. The fact they had not provided those documents in February 2013 means they should have removed their claim in 2013. I have a copy of the letter I sent to Midland in February 2013. Regards,
[redacted]
September 10, 2014
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VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 27, 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.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on August 9, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 21, 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 November 20, 2008. The balance at the time of purchase was $444.27.
While not the only item of concern identified within [redacted] complaint, she writes that the above-referenced account is not hers. On August 20, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence via e-mail requesting validation from [redacted] on May 22, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses a concern that the above-referenced account is reporting as “120 days past due” on her consumer credit files. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 days past due” to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account to the three major credit reporting agencies.
[redacted] also writes that Midland Credit is reporting inaccurate information on her consumer credit files, listing the account as a “key derogatory.” Please note that the account is not being reported as “key derogatory.” The credit bureaus determine which accounts should be marked as a “key derogatory” and marks them as such. In addition, it is Midland Credits understanding that only the consumer can see the notation of “key derogatory.”
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – factoring company account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment. Further, e-OSCAR, the online credit reporting system, provides the following definition of a factoring company: “Factoring Company - A company that purchases accounts with the intent of collecting debts owed.” Midland Credit has been advised by two credit reporting agencies that it should be classified as a factoring company for credit reporting purposes.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. Based on the law and guidelines governing credit reporting, it would appear that the account is being correctly reported. In addition, if [redacted] obtained her 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.
Please assure [redacted] that Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller, and the payment history of each individual consumer.
With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she 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 she 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. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, per [redacted]’ previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure