Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015. [redacted] writes that the only correspondence she received from Midland Credit is the recent correspondence from February 2015, and the previous Revdex.com response. As stated in its previous response, Midland Credit mailed [redacted] a validation letter on October 7, 2011, which was mailed to her at the same address listed within her complaint. This letter and subsequent correspondence mailed to [redacted] was not returned as undeliverable.
[redacted] also states that while Midland Credit provided validation documentation, it did not provide an application, signature, or other form of request. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Lastly, [redacted] indicates that the above-referenced debt might be the product of fraud. Midland Credit stands ready to assist her 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 she provide 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.
Otherwise, if [redacted] is ready to resolve the debt, she may qualify for a reduction in her account balance. Please have her call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as resolve the account balance.
In the meantime, per [redacted]’s previous request, the account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
your letter inquiry dated May 5, 2014, regarding [redacted] complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
A
review of Midland Credit’s business records indicates that [redacted] has
retained an attorney. Going forward, all communication about the matter should
be handled by her attorney. If [redacted] is no longer represented by an
attorney, please provide Midland Credit with written notice so it may update
its records and allow its representatives to communicate with her directly.
With
that said, an investigation of this matter indicates that Midland Credit became
the servicer of the above-referenced account on behalf of purchaser, Midland
Funding LLC (hereinafter “Midland Funding”), on March 22, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on October 18, 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 24, 2009. The balance at the
time of purchase was $1,894.58. The
balance due as of May 16, 2014, including interest accrued, is $2,390.02.
[redacted] expresses concern that her request for validation was ignored. A review of Midland Credit’s business records
indicates that shortly after Midland Funding acquired the above-referenced
account, on March 26, 2010, 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 requesting
validation from [redacted] on September 17, 2013, which cannot be considered
timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” (15 U.S.C. §
1692g(a)(3).) Because Midland Credit did
not receive such a notice at the time, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debt. A review of Midland Credit’s business record
indicates that it is accurately reporting the above-referenced account to the
credit reporting agencies.
When [redacted]
is ready to settle the above-referenced debt, she may qualify for a reduction
in her account balance. Please have [redacted] call Account Manager [redacted] when ready at [redacted] to assist her in reaching a resolution that will be both beneficial to
him/her, as well as settle the account balance.
Until then, per [redacted]’s previous request, the account will remain
coded “Do Not Call, Mail Only.” While it
remains due and owing, [redacted] will no longer receive phone calls from
Midland Credit representatives and all correspondence will be sent via the
United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Dear [redacted]
11pt;">
Thank you for your letter inquiry dated January 27, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on November 22, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on March 8, 2009 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 15, 2010. The balance at the time of purchase was $1,259.81.
While not the only item of concern identified within her complaint, [redacted] writes that her requests for validation have been ignored. After Midland Funding acquired the above-referenced account, Midland Credit sent a validation letter to [redacted] on December 6, 2011. Please note that the letter was mailed to the same address listed within [redacted]’ complaint, and not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the Fair Debt Collection Practices Act (hereinafter “FDCPA”) were satisfied.
In said letter, Midland Credit informed [redacted] that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). 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.
Aside from the above, [redacted] questions whether the account is collectible, because she did not open it directly with Midland Credit. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
Lastly, [redacted] writes that Midland Credit has re-aged the account by listing an open date that is later than the original. Please note that Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller. The open date listed on [redacted]’ credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
December 22, 2015
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 7, 2009, as an [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $2,193.42.
[redacted] expresses a concern that she has never had this account. On February 14, 2012, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. Midland Credit received the first correspondence requesting validation from [redacted] on October 16, 2015, to which Midland Credit appropriately responded with a letter on October 28, 2015, requesting more information and supporting documentation regarding her dispute.
On November 10, 2015, a Midland Credit representative reached out to [redacted] to discuss the concerns listed in her complaint. [redacted] stated she is not aware of this account, only had one account, and does not know where this account came from. [redacted] was advised she may fax in additional documentation to support her claim. A fax was received from [redacted] that same day. The documents forwarded from [redacted] show that she paid another company in 2013 for an [redacted] account with the last four of the account number [redacted]. Please note that the last four account numbers referenced in the documentation [redacted] provided do not match the last four of the account that Midland Credit is servicing.
With that said, Midland Credit has 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]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 13, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit has reached out to the seller to obtain additional information regarding this matter. In the meantime, Midland Credit has acknowledged [redacted] dispute, annotated the account as disputed, and ceased collection efforts while it is awaiting the requested information. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to resolve its investigation of [redacted] concerns. Midland Credit anticipates providing your office with a complete response within 30 days from the date of this letter.
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 of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on November 4, 2014. Midland Credit appreciates the opportunity to answer your questions.
[redacted] continues to allege that Midland Credit has not provided validation of debt. As indicated in its previous response, Midland Credit mailed [redacted] an initial validation letter on November 12, 2010. That letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. Furthermore, Midland Credit did not receive any correspondence requesting validation from [redacted] in response to that letter. As such, Midland Credit maintains its position that [redacted]’s request for validation documentation cannot be considered timely. Because his request is not timely, Midland Credit is not required to provide [redacted] with validation information for this account.
Midland Credit’s business records continue to indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies. The account will remain marked as “Cease and Desist.” While the account remains due and owing, [redacted] will continue to no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 28, 2016. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 22, 2014, 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 February 28, 2016. The balance at the time of purchase was $619.83.
[redacted] writes that he last made a payment to his [redacted] account in July 2015, and that the balance at that time was $135.00. He requests information regarding why the balance is now $619.00. A review of business records indicates that the last payment for the account was received on or about July 12, 2015, in the amount of $75.00. The balance at that time was $260.75. No additional payments were received. Because no additional payments were received, [redacted] assessed interest and late fees to the balance of the account until the time of charge-off. The account was charged off on February 28, 2016 with a balance of $619.83.
[redacted] also states that he has not heard anything about this account in over a year. On April 22, 2016, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the [redacted]’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter, and no correspondence was received directly from [redacted] prior to the complaint filed through your office.
[redacted] also requests that his credit report be corrected. Please note that Midland Credit has not furnished information for the referenced account at this time. [redacted]. as the original creditor may be reporting the account. If [redacted] has concerns regarding the information being reported by the original creditor, he may dispute it directly with the credit reporting agencies.
A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
I ASSUME I WILL HAVE TO TAKE THIS TO COURT AND LET THEM DECIDE,ITS NOT WHAT I WISH TO DO BUT I DONT SEEM TO BE GETTING ACROSS TO THEM THAT I DONT HAVE THE RIGHT FRAME OF MIND TO CARRY ON THIS DELIMA DUE TO THE BRAIN INJURIES,MEMORY ISSUES,MEMORY LOSS AND ALL THIS IS FROM THE THE AUTO ACCIDENT IN 2005. ALL I CAN ATTEST TO 100 % IS THAT PRIOR TO JULY 2005/AND LEADING INTO 2006 I HAD TOP RATED CREDIT,WAS NEVER LATE ON ANY OF MY BLLS,NEVER OVER DRAWN ON ANYTHING,NEVER EVER HAD AN ISSUE .BUT BECAUSE OF THE NATURE OF MY INJURIES I DONT RECALL WHO USED MY CARDS,IF I DID I WOULD OF HAD A POLICE REPORT,HOW THEY WERE USED ETC ETC. THERE IS NO RECALL OF MEMORY TO USE .I CAN ONLY ASSUME THE WORSE.YES AS I SAID BEFORE I AM SURE I USED SOME CREDIT BUT THERE IS NOTHING TO SHOW FOR IT,YES I DID HAVE FRIENDS AND HELP AROUND ME ,BUT WOULD NEVER OF THOUGHT I WAS BEING A VICTIM UNTIL I REALALIZED THE DEBIT I WAS IN .I CAN AND I WILL GO ON STAND TO PROVE WHAT I WAS LIKE PRIOR TO AND HOW I HAD HIGH SCORES IN CREDIT RATINGS ETC.UNTIL THAT TIME PERIOD.AND NOW I CAN PROVE MY CREDIT WORTNESS HAS IMPROVED FROM WHERE I HAVE STARTED OVER AND MY CREDIT AS WELL AS MY NAME IS CLEARING UP FROM BEING ISSUED CREDIT BY SOME OF THE SAME COMPANIES WHO SAY I OWE THEM , BUT YET HAS ISSUED ME NEW CARDS,NEW BALANCES ALL OF WHICH IS AND HAS BEEN CURRENT AND WILL CONTINUE TO BE SO AS LONG AS I CAN REMEMBER AND CONTROL MY OWN MONEY ETC.
IF MIDLAND WISHES TO LET THIS GO TO COURT I CAN ONLY TESTIFY WHAT I KNOW,REMEMBER,RECALL AND THATS IS WHAT I HAVE BEEN TELLING THEM ALL ALONG.
I AM TRYING TO CLEAR MY RECORD UP FROM ABOUT JULY 2005 TO APRIL 2010, BUT THERE ARE NO RECORDS FROM COPS ETC ONLY WHAT IS IN MY REPORT TO YOU ALL AND IT CAN BE SEEN WHERE I LOST MY CREDIT WORTENESS AND WHERE I HAVE REGAIN SOME BACK .I CAN ONLY CONTINUE TO TRY CLEARING UP WHAT I BELIEVE IS NOT TOTALLY MY FAULT , THE CREDIT CARD COMPANIES ARE THE ONES WHO SENT ME PRE APPROVED CARDS,CASH ADVANCE CHECKS ETC ETC AND OFFERS WITH OUT CHECKING TO SEE WHAT MY STATUS WAS AS FAR AS WORKING AND MY CREDIT REPORT WOULD OR SHOULD OF NOTED THE DECREASE IN PAYMENTS ALL AS A RESULT OF THE INJURIES I HAD RECEIVED AND THAT I WAS NOT EMPLOYED ETC, YET THEY STILL SENT OFFERS,SENT CARDS WITH PRE APPROVED CREDIT ETC..AGAIN I LEAVE IT TO THEM ,THEY PURCHASED THIS DEBIT NOT KNOWING THE BACK GROUND AND I DONT EVEN KNOW IT MYSELF OTHER THEN THEY SAID I OWED AND DIDNT PAY .I DO KNOW I WAS NOT ABLE TO MAKE THE DECISSIONS THAT HAD TO BE MADE TO OBTAIN CREDIT.I APPRECIATE THEM DOING WHAT THEY HAVE DONE AND ACCEPT THAT ,I AM ASKING STILL THAT THEY EITHER REMOVE ALL FROM MY RECORDS DUE TO THE REASONS I HAVE STATED OVER AND OVER FOR YEARS NOW..AND DUE TO MY INJURIES I NEED DUMMY TERMS AS TO WHAT THEY ARE STATING ....PLEASE ADVISE THEM OF THIS,BECAUSE OF MY BRAIN IMJURIES MY ABILITY TO REMEMBER,UNDERSTAND,COMPREHEND ETC IS FAR LESS THEN NORMAL .
THANKS EVER SO MUCH FOR THE EFFORTS SHOWN..[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[redacted]
Thank you for the response. I know it has been sometime and I'm sure that Midland is very busy. However in the mean time I did some investigation myself including calling [redacted] directly.
I spoke with [redacted] in the executive department. We spent about 30-40 minutes going over the information because I was concerned that this was a [redacted] account and [redacted] was reporting it incorrectly and now it appeared that somehow midland became the original account holder and not [redacted]. I also expressed my concern on how this account was reporting
She was very knowledgeable about the credit reporting agencies as she had previously been employed working for the credit reporting agencies before working for [redacted]. So her knowledge was very reassuring and what she was talking about was factual. She took the time to actually go through my credit report line by line.
I hadn't heard from midland through the Revdex.com, my disputes go unheard and also anything I send in the UPSP so I figured my best coarse of action was to speak with the company that had a direct relationship with midland. She has basically told me the same thing my credit union is telling me when I refinanced my truck. Although I did get the loan it still was brought up that this should be corrected.
I will list what each individual account has
[redacted]
Terms 1 month
status
Paid, was a collection account, insurance claim or government claim or was terminated for default
(on this you stated you only report is as “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.”
It has me as a late on July 2015
you state Midland Credit does not furnish information that accounts are “120 days or payments past due”
[redacted] is showing Midland as the original lender.
This is on any report pulled
with a payment status of unknown. there has been no data provided to show paid/charged off/settle for less, no balance nothing, just shows the original amount
[redacted]
Only shows only [redacted], we ([redacted] and I) with the amounts and the acct number we figured it belonged to Midland but I have 2 [redacted] on my credit report.
[redacted] was also nice enough to call midland on my behalf upon doing so she discover that I had in fact set this up as a PFD.
During the phone conversation, [redacted] stated contact would be made with Midland Credit Management to communicate my concerns regarding the "payment for deletion" that was agreed to when I paid Midland Credit Management in full. This phone conversation took place on October 27th. I know there was a call placed to your office from [redacted] I did let them know I would follow up with them regarding the issue as they have really gone above and beyond for me with this. Great customer service.
, again I want to thank you for the response. I'm sure we can have a resolution in this matter where [redacted], Midland and I all come out as satisfied in this matter. As far as talking to the credit reporting agencies about the Nomenclature that you have to use (yes I had to actually google that lol) . I have been fighting with them tooth and nail to correct it but they just come back as verified. I just know this is becoming time consuming so I just want to get this put behind me after its done. I also don't want to come across as passing the blame as its [redacted] fault, it's midland fault, or the credit reporting agencies fault. I would just like it deleted seeing as no one can get it corrected or to status it correctly. A collection WITH a late dings my fico score. I was also questioned about the one not showing a paid or 0 balance. but the credit union was able to pull up the cancelled check. Credit unions are more likely to do a manual review of a credit report where as some other companies don't so it looks like that missed payment and balance is still sitting out there when I actuality it isn't
gain [redacted] thank you for you time again I know midland is a very busy company and if I don't hear back before the holiday, Happy holidays t you and yours.
Dear [redacted]
:
0pt;" class="MsoNormal">
Thank you for your letter inquiry dated August 19, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 1, 2007 as a [redacted]/P[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 10, 2009. The balance at the time of purchase was $3,152.16.
[redacted] expresses a concern that their validation requests have been ignored. A review of Midland Credit’s business records indicate that on July 29, 2012, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their 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.
A review of Midland Credit’s business records indicate that while it has received requests from the credit reporting agencies to verify the account information being reported, no correspondence was received directly from [redacted] prior to their complaint, 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.
Lastly, Midland Credit’s business records indicate that shortly after receipt of [redacted]’s complaint, on August 20, 2014, Midland Credit received correspondence from them which contained a notarized Identity Theft Affidavit. After review, based on the information provided within the affidavit, and in accordance with Midland Credit’s Consumer-First policy, the above-referenced account was closed. There will be no further collection activity or sale of the account. In addition, the credit-reporting agencies will be notified to delete all reference to the above-referenced account from your consumer credit files. [redacted] has no further obligation to the account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
February 24, 2015
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 10, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 18, 2011, as a [redacted] account number ending in [redacted], in the name of Monique Outlaw, under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2014. The balance at the time of purchase was $616.97.
[redacted] expresses concern that she was unable to resolve the balance on the account with the original creditor. She also requests that her account be restored, all fees waived, and that she be allowed to pay $25.00 per month. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
While Midland Credit is unable restore the use of the credit line of the original account, it stands ready to assist [redacted] in resolving the balance. Midland Credit will accept [redacted]’s offer of monthly $25.00 payments toward the balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist in setting up a payment plan.
[redacted] also expressed concern with how her complaints have been handled by the Revdex.com (“Revdex.com”). Midland Credit is unable to comment on the actions of the Revdex.com. If [redacted] has further concerns with the actions of the Revdex.com, she should contact them directly.
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
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
[redacted] expresses a concern that Midland Credit is continuing to collect on a [redacted] account on which a dismissal of judgment with prejudice was obtained. An investigation of this matter indicates that Midland Credit is the servicer of two [redacted] accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on March 29, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 12, 2008, 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 April 8, 2011. The balance at the time of purchase was $767.72.
A review of Midland Credit’s business records indicates that on October 6, 2013, this account was outsourced to the law firm of [redacted]. (“[redacted]”) located at[redacted]. Their phone number is [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 25, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on August 14, 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 January 6, 2011. The balance at the time of purchase was $438.94.
Midland Credit mailed [redacted] separate and unique validation letters – on April 10, 2013, for account no. [redacted], and on June 4, 2012, for account no. [redacted]. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] at the same address listed within her complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Per [redacted]’s concerns, Midland Credit has forwarded a copy of the complaint to [redacted] and inquired with them regarding the matter. The firm has indicated that the suit filed in the matter was dismissed with prejudice and that they ceased collection attempts upon notification of the dismissal. The account was returned to Midland Credit by the firm on March 24, 2015. There will be no further collection activity or sale of this account and [redacted] has no further obligation to it. The three major credit reporting agencies have been notified to remove the account from [redacted]’s consumer credit files.
However, as indicated above, account no. [redacted] is a separate and unique [redacted] account relating to a [redacted]. A review of Midland Credit’s business records indicates that it is accurately reporting account no. [redacted] to the three major credit reporting agencies. If [redacted] is ready to resolve account no. [redacted], she may qualify for a reduction in her account balance. [redacted] and/or her attorney may call Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted]’s request to no longer receive collection letters regarding the above-referenced accounts, account no. [redacted] remains closed and account no. [redacted] has been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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 want to thank Midland Credit for such a detailed response. I would like to review all the documentation pretending to the account in question. Based on the response from Midland Credit it seems that they have a very detailed account of the events. I would like them to send me all and every document that was used to come to this conclusion. I have been seeking advise from a Credit Repair Specialist and they have advised that I have a right to obtain such information. I have called [redacted] independently and he told me to speak to Midland Credit since they have the account in question. I would like to investigate that the dates provided by Midland Credit to insure they are correct.
I believe under the FDCPA , Midland Credit has 30 days to provide me all the information verifying the debt, and the date of delinquency for the account in question. If Midland Credit can not provide me with such information I would like them to delete this item from my credit report immediately. In addition to that Midland Credit records all its phone calls. I believe under the data protection act I have the right to request such information.
Thanks
Regards,
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated September 22, 2014 regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
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 8, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 14, 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 March 18, 2013. The balance at the time of purchase was $2,773.98.
While not the only item of concern identified within her complaint, [redacted] requests validation for the above referenced debt. Pursuant to Midland Credit’s standard business practices, on August 15, 2013, Midland Credit mailed the initial validation letter to [redacted] at the same address listed in her complaint, advising her of the role of Midland Credit as the servicer of the account and providing her with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on September 2, 2014. At that time, Midland Credit acknowledged [redacted]’s dispute and sent her verification information provided by the seller on September 11, 2014. Another copy is enclosed for [redacted]’s records.
Aside from the above, [redacted] writes that the information on the account has been manipulated. While the information on the account shows that the last payment was made on August 2, 2012, she states that the last payment was made in 2010. 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.
In addition, [redacted] questions whether litigation is possible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations does not expire until September 19, 2015. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy to collect that debt. The above-referenced account will still remain collectible, due and owing to Midland Credit.
With that said, a review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. If [redacted] is ready to settle the debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per [redacted]’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
lang="X-NONE">Thank you for your letter inquiry regarding Mr. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 2, 2016.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(“Midland Funding”), on January 15, 2013. Information provided by the seller, Bluestem
Brands, Inc., at the time of acquisition indicates this account was originated
on January 12, 2010 as a
[redacted] card account
number ending in [redacted], in the
name of [redacted] L [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on October 1, 2012. The balance at the time of purchase was
$251.95. A
copy of the verification information provided by the seller is enclosed
for Mr. [redacted]’s records.
Mr. [redacted]
states that when he contacted Midland Credit to pay off the above-referenced
account, he was advised that Midland Credit is unable remove the negative
information upon payment of the account. Mr. [redacted] further expresses a
desire to have the above-referenced account deleted from his consumer credit
files upon resolving the balance. A review of Midland Credit’s business records
indicates that telephone conversations with Mr. [redacted] occurred on April 18,
2016 and April 23, 2016 during which he requested the account be deleted from
his consumer credit files upon payment of the account. The Midland Credit representatives
appropriately advised Mr. [redacted] that Midland Credit is unable to delete the
account from his consumer credit files upon payment of the account.
Please
note that it is Midland Credit’s policy to furnish accurate account
information. Should Mr. [redacted] pay the full balance, Midland Credit will
furnish information for the account as “Account paid in full, was a collection
account.” Should Mr. [redacted] pay less than the full balance, Midland
Credit will also notify the credit reporting agencies to add an additional memo
stating “Account paid in full for less than the full balance.” If
Midland Credit were to delete the account, its correct and accurate status
would not be reflected.
Mr.
[redacted] further states that a Midland Credit representative asked if it had his
permission to call him and he advised “no.”
A review of Midland Credit’s business records indicate that during a
telephone conversation with Mr. [redacted] on April 18, 2016, the Midland Credit
representative asked if Midland Credit is able to contact his cell phone using
its dialer and he advised “no.” As such,
subsequent telephone calls placed to Mr. [redacted] were not placed using Midland
Credit’s dialer. The referenced inquiry is not for all telephone calls placed to
Mr. [redacted] regarding the account. Future telephone calls that were made to Mr.
[redacted] by Midland Credit represatives were appriately placed.
With
that said, Midland Credit apologizes for the misunderstanding. Per Mr. [redacted]’s concern, the
above-referenced account has been marked “Direct Mail Only.” While it
remains due and owing, he will no longer receive phone calls from Midland
Credit representatives and all correspondence will be sent via the United
States Postal Service.
Mr. [redacted]
further expresses a concern that he was hung up on when being transferred to a
supervisor. A review of Midland Credit’s
business records indicates that the representative placed Mr. [redacted]’s call on
hold, at which time it appears the line disconnected. Midland Credit apologizes for any
inconvenience this caused to Mr. [redacted].
Please
assure Mr. [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 Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
Gregory Gerkin,
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
lang="X-NONE">Thank you for your letter inquiry
regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
July 20, 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 25, 2011. Information provided by the seller, FIA Card Services, N.A., at
the time of acquisition indicates this account was originated on July 25, 2007 as a
Bank of America VISA account number
ending in [redacted], in
the name of [redacted] G [redacted],
under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 31, 2009. The balance at the time of purchase was $915.01.
Mr.
[redacted] expresses a concern that Midland Credit has re-aged the account by listing
an open date that is later than the original.
While Midland Credit is sensitive to Mr. [redacted]’s concern, Midland Credit
does not alter or modify any of the original account information provided by
the seller, such as the name of the consumer, the date of origination, or the
date of occurrence. Midland Credit
reports the information on the accounts it services based on the business
records maintained by the original lender/seller.
In
accordance with the Credit Reporting Resource Guide produced by the Consumer
Data Industry Association, the open date being reported on this account
reflects the “date that the account was purchased by the debt buyer or
placed/assigned to the third party collection agency.” The open date listed on Mr. [redacted]’s credit
report is in fact the date of purchase by Midland Funding LLC. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account to the
three major credit reporting agencies.
Mr.
[redacted] also expresses concern that the information reflecting on his consumer
credit files differs between credit reporting agencies. Midland Credit reports the same information
to all three credit reporting agencies each time it reports. If Mr. [redacted] obtained his credit report from a
compilation source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
Mr.
[redacted] further questions the validity of the account. On March 7, 2011, Midland Credit mailed Mr. [redacted]
a validation letter, which informed him that Midland Funding had acquired the
account, and of his rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [redacted] in response to the
letter. In fact, no correspondence was
received directly from Mr. [redacted] prior to the complaint filed through your
office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. §
1692g(a)(3). Because Midland Credit did
not receive such a notice at the time, Midland Credit appropriately proceeded
with efforts to contact Mr. [redacted] and collect the debt.
Although
Midland Credit did not receive any correspondence disputing the debt or
requesting validation from Mr. [redacted] prior to receipt of his complaint through
your office, Midland Credit received notice of a possible dispute through the
credit reporting agencies on June 23, 2015.
Although the request was not timely, verification information provided
by the seller was mailed to Mr. [redacted] in response to the notice on or about July
14, 2015. A copy of the verification
information is again enclosed here.
If
Mr. [redacted] is ready to resolve this debt, he may qualify for a reduction in his
account balance. Please have Mr. [redacted]
call Midland Credit Account Manager Denise Longtin at (800) 825-8131 ext. 23084
to assist him in reaching a resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. 32917 should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
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”), on March 13, 2012. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on [redacted]uary 11, 2005 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 June 13, 2010. The charge-off balance was $226.91. Additional seller fees of $56.73 resulted in a balance at the
time of purchase by Midland Funding of $283.64.
[redacted] expresses a concern that their validation requests have been ignored and
wants evidence that Midland Credit can collect on the debt. On April 15, 2012, Midland Credit mailed the
consumer a validation letter, which informed them that Midland Funding had
acquired the account, and of their rights pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letter was mailed to [redacted] at the same address
listed within their complaint and was not returned as “undeliverable” by the
United States Postal Service, satisfying the notification requirements of the
FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. A review of Midland Credit’s
business records indicates that it while it began receiving notices of possible
dispute from the credit reporting agencies in August 2015, it did not receive
correspondence directly from the consumer prior to the complaint filed through
your office.
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 the consumer and collect the debt.
[redacted] also questions whether the account is collectible due to the expiration of
the statute of limitations as they state they have not had a [redacted] account
since [redacted] As indicated above, the debt originated with [redacted] in 2005
and was charged off in 2010. A review of
Midland Credit’s business records indicates that the statute of limitations is not
set to expire until February 2016. However, please note that the passing
of the statute of limitations does not extinguish the validity of a debt.
Rather, it eliminates litigation as a potential remedy.
Similar
to the statute of limitations, the expiration of the seven-year federal reporting
period also does not extinguish a debt. It only prevents an account from
being reported to the credit reporting agencies. A review of Midland
Credit’s business records indicates that the seven-year federal reporting
period for the above-referenced account does not expire until January 2017.
Although
the current request for validation of the debt is untimely, a copy of the
verification information provided by the seller is enclosed for [redacted]
records. A review of Midland Credit’s
business records indicates that it is accurately furnishing information for the
above-referenced account to the three major credit reporting agencies.
If
[redacted] is ready to resolve this debt, they may qualify for a reduction in their
account balance. Please have the
consumer call Midland Credit Account Manager [redacted] at [redacted] to assist them 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
Thank you for your letter inquiry dated April 14, 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
accounts belonging to another consumer with the same name as [redacted]’s. During a search for the correct consumer, [redacted]’s 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
accounts.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s
computer system for the accounts and a review of Midland Credit’s business
records indicates no calls have been made to [redacted]’s phone number since
April 2, 2014.
Regarding
his concern that calls were made after 9:00pm, Midland Credit has safeguards in
place to prevent its calls from being placed before 8:00am local time and after
9:00pm local time.
Further review of its
business records indicates Midland Credit did not make any calls to [redacted]’s phone number after 9:00pm, and that all call attempts were made in
accordance with applicable law. [redacted] will continue to no longer receive calls from Midland Credit
representatives regarding the referenced accounts.
Additionally, [redacted]’s telephone number [redacted] has been added to an exclusion list to prevent it from being
called in the future.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter.
Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
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.This letter is very contradicting. I never had a credit card with a balance owing $297.00 , and the [redacted] account has nothing to do with the dispute I am questioning. The [redacted] account is being handle by the government. I need documents showing I signed for a [redacted] Credit card and documents of purchases being made by me with this card. I have tried unsuccessfully to get documents proving I owe this money.Please send invoice for auto loan and the amount received at the auction. There is no way I owe $18000.00 for a 2005. vehicle. I need proof. Desist and ceased these balances. This letter makes no sense. This conversation about these accounts are all over the place. Please forward documents. I have made phone calls, certified letters and [redacted] will not return my call.
[redacted]
March 11, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015. [redacted] writes that the only correspondence she received from Midland Credit is the recent correspondence from February 2015, and the previous Revdex.com response. As stated in its previous response, Midland Credit mailed [redacted] a validation letter on October 7, 2011, which was mailed to her at the same address listed within her complaint. This letter and subsequent correspondence mailed to [redacted] was not returned as undeliverable.
[redacted] also states that while Midland Credit provided validation documentation, it did not provide an application, signature, or other form of request. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Lastly, [redacted] indicates that the above-referenced debt might be the product of fraud. Midland Credit stands ready to assist her 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 she provide 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.
Otherwise, if [redacted] is ready to resolve the debt, she may qualify for a reduction in her account balance. Please have her call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as resolve the account balance.
In the meantime, per [redacted]’s previous request, the account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for...
your letter inquiry dated May 5, 2014, regarding [redacted] complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
A
review of Midland Credit’s business records indicates that [redacted] has
retained an attorney. Going forward, all communication about the matter should
be handled by her attorney. If [redacted] is no longer represented by an
attorney, please provide Midland Credit with written notice so it may update
its records and allow its representatives to communicate with her directly.
With
that said, an investigation of this matter indicates that Midland Credit became
the servicer of the above-referenced account on behalf of purchaser, Midland
Funding LLC (hereinafter “Midland Funding”), on March 22, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on October 18, 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 24, 2009. The balance at the
time of purchase was $1,894.58. The
balance due as of May 16, 2014, including interest accrued, is $2,390.02.
[redacted] expresses concern that her request for validation was ignored. A review of Midland Credit’s business records
indicates that shortly after Midland Funding acquired the above-referenced
account, on March 26, 2010, 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 requesting
validation from [redacted] on September 17, 2013, which cannot be considered
timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” (15 U.S.C. §
1692g(a)(3).) Because Midland Credit did
not receive such a notice at the time, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debt. A review of Midland Credit’s business record
indicates that it is accurately reporting the above-referenced account to the
credit reporting agencies.
When [redacted]
is ready to settle the above-referenced debt, she may qualify for a reduction
in her account balance. Please have [redacted] call Account Manager [redacted] when ready at [redacted] to assist her in reaching a resolution that will be both beneficial to
him/her, as well as settle the account balance.
Until then, per [redacted]’s previous request, the account will remain
coded “Do Not Call, Mail Only.” While it
remains due and owing, [redacted] will no longer receive phone calls from
Midland Credit representatives and all correspondence will be sent via the
United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
11pt;">
Thank you for your letter inquiry dated January 27, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on November 22, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on March 8, 2009 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 15, 2010. The balance at the time of purchase was $1,259.81.
While not the only item of concern identified within her complaint, [redacted] writes that her requests for validation have been ignored. After Midland Funding acquired the above-referenced account, Midland Credit sent a validation letter to [redacted] on December 6, 2011. Please note that the letter was mailed to the same address listed within [redacted]’ complaint, and not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the Fair Debt Collection Practices Act (hereinafter “FDCPA”) were satisfied.
In said letter, Midland Credit informed [redacted] that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). 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.
Aside from the above, [redacted] questions whether the account is collectible, because she did not open it directly with Midland Credit. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
Lastly, [redacted] writes that Midland Credit has re-aged the account by listing an open date that is later than the original. Please note that Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller. The open date listed on [redacted]’ credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
December 22, 2015
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 7, 2009, as an [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $2,193.42.
[redacted] expresses a concern that she has never had this account. On February 14, 2012, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. Midland Credit received the first correspondence requesting validation from [redacted] on October 16, 2015, to which Midland Credit appropriately responded with a letter on October 28, 2015, requesting more information and supporting documentation regarding her dispute.
On November 10, 2015, a Midland Credit representative reached out to [redacted] to discuss the concerns listed in her complaint. [redacted] stated she is not aware of this account, only had one account, and does not know where this account came from. [redacted] was advised she may fax in additional documentation to support her claim. A fax was received from [redacted] that same day. The documents forwarded from [redacted] show that she paid another company in 2013 for an [redacted] account with the last four of the account number [redacted]. Please note that the last four account numbers referenced in the documentation [redacted] provided do not match the last four of the account that Midland Credit is servicing.
With that said, Midland Credit has 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]
June 23, 2016
VIA...
E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] & [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 13, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit has reached out to the seller to obtain additional information regarding this matter. In the meantime, Midland Credit has acknowledged [redacted] dispute, annotated the account as disputed, and ceased collection efforts while it is awaiting the requested information. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to resolve its investigation of [redacted] concerns. Midland Credit anticipates providing your office with a complete response within 30 days from the date of this letter.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
November 18, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on November 4, 2014. Midland Credit appreciates the opportunity to answer your questions.
[redacted] continues to allege that Midland Credit has not provided validation of debt. As indicated in its previous response, Midland Credit mailed [redacted] an initial validation letter on November 12, 2010. That letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. Furthermore, Midland Credit did not receive any correspondence requesting validation from [redacted] in response to that letter. As such, Midland Credit maintains its position that [redacted]’s request for validation documentation cannot be considered timely. Because his request is not timely, Midland Credit is not required to provide [redacted] with validation information for this account.
Midland Credit’s business records continue to indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies. The account will remain marked as “Cease and Desist.” While the account remains due and owing, [redacted] will continue to no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
August 10, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 28, 2016. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 22, 2014, 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 February 28, 2016. The balance at the time of purchase was $619.83.
[redacted] writes that he last made a payment to his [redacted] account in July 2015, and that the balance at that time was $135.00. He requests information regarding why the balance is now $619.00. A review of business records indicates that the last payment for the account was received on or about July 12, 2015, in the amount of $75.00. The balance at that time was $260.75. No additional payments were received. Because no additional payments were received, [redacted] assessed interest and late fees to the balance of the account until the time of charge-off. The account was charged off on February 28, 2016 with a balance of $619.83.
[redacted] also states that he has not heard anything about this account in over a year. On April 22, 2016, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the [redacted]’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter, and no correspondence was received directly from [redacted] prior to the complaint filed through your office.
[redacted] also requests that his credit report be corrected. Please note that Midland Credit has not furnished information for the referenced account at this time. [redacted]. as the original creditor may be reporting the account. If [redacted] has concerns regarding the information being reported by the original creditor, he may dispute it directly with the credit reporting agencies.
A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
I ASSUME I WILL HAVE TO TAKE THIS TO COURT AND LET THEM DECIDE,ITS NOT WHAT I WISH TO DO BUT I DONT SEEM TO BE GETTING ACROSS TO THEM THAT I DONT HAVE THE RIGHT FRAME OF MIND TO CARRY ON THIS DELIMA DUE TO THE BRAIN INJURIES,MEMORY ISSUES,MEMORY LOSS AND ALL THIS IS FROM THE THE AUTO ACCIDENT IN 2005. ALL I CAN ATTEST TO 100 % IS THAT PRIOR TO JULY 2005/AND LEADING INTO 2006 I HAD TOP RATED CREDIT,WAS NEVER LATE ON ANY OF MY BLLS,NEVER OVER DRAWN ON ANYTHING,NEVER EVER HAD AN ISSUE .BUT BECAUSE OF THE NATURE OF MY INJURIES I DONT RECALL WHO USED MY CARDS,IF I DID I WOULD OF HAD A POLICE REPORT,HOW THEY WERE USED ETC ETC. THERE IS NO RECALL OF MEMORY TO USE .I CAN ONLY ASSUME THE WORSE.YES AS I SAID BEFORE I AM SURE I USED SOME CREDIT BUT THERE IS NOTHING TO SHOW FOR IT,YES I DID HAVE FRIENDS AND HELP AROUND ME ,BUT WOULD NEVER OF THOUGHT I WAS BEING A VICTIM UNTIL I REALALIZED THE DEBIT I WAS IN .I CAN AND I WILL GO ON STAND TO PROVE WHAT I WAS LIKE PRIOR TO AND HOW I HAD HIGH SCORES IN CREDIT RATINGS ETC.UNTIL THAT TIME PERIOD.AND NOW I CAN PROVE MY CREDIT WORTNESS HAS IMPROVED FROM WHERE I HAVE STARTED OVER AND MY CREDIT AS WELL AS MY NAME IS CLEARING UP FROM BEING ISSUED CREDIT BY SOME OF THE SAME COMPANIES WHO SAY I OWE THEM , BUT YET HAS ISSUED ME NEW CARDS,NEW BALANCES ALL OF WHICH IS AND HAS BEEN CURRENT AND WILL CONTINUE TO BE SO AS LONG AS I CAN REMEMBER AND CONTROL MY OWN MONEY ETC.
IF MIDLAND WISHES TO LET THIS GO TO COURT I CAN ONLY TESTIFY WHAT I KNOW,REMEMBER,RECALL AND THATS IS WHAT I HAVE BEEN TELLING THEM ALL ALONG.
I AM TRYING TO CLEAR MY RECORD UP FROM ABOUT JULY 2005 TO APRIL 2010, BUT THERE ARE NO RECORDS FROM COPS ETC ONLY WHAT IS IN MY REPORT TO YOU ALL AND IT CAN BE SEEN WHERE I LOST MY CREDIT WORTENESS AND WHERE I HAVE REGAIN SOME BACK .I CAN ONLY CONTINUE TO TRY CLEARING UP WHAT I BELIEVE IS NOT TOTALLY MY FAULT , THE CREDIT CARD COMPANIES ARE THE ONES WHO SENT ME PRE APPROVED CARDS,CASH ADVANCE CHECKS ETC ETC AND OFFERS WITH OUT CHECKING TO SEE WHAT MY STATUS WAS AS FAR AS WORKING AND MY CREDIT REPORT WOULD OR SHOULD OF NOTED THE DECREASE IN PAYMENTS ALL AS A RESULT OF THE INJURIES I HAD RECEIVED AND THAT I WAS NOT EMPLOYED ETC, YET THEY STILL SENT OFFERS,SENT CARDS WITH PRE APPROVED CREDIT ETC..AGAIN I LEAVE IT TO THEM ,THEY PURCHASED THIS DEBIT NOT KNOWING THE BACK GROUND AND I DONT EVEN KNOW IT MYSELF OTHER THEN THEY SAID I OWED AND DIDNT PAY .I DO KNOW I WAS NOT ABLE TO MAKE THE DECISSIONS THAT HAD TO BE MADE TO OBTAIN CREDIT.I APPRECIATE THEM DOING WHAT THEY HAVE DONE AND ACCEPT THAT ,I AM ASKING STILL THAT THEY EITHER REMOVE ALL FROM MY RECORDS DUE TO THE REASONS I HAVE STATED OVER AND OVER FOR YEARS NOW..AND DUE TO MY INJURIES I NEED DUMMY TERMS AS TO WHAT THEY ARE STATING ....PLEASE ADVISE THEM OF THIS,BECAUSE OF MY BRAIN IMJURIES MY ABILITY TO REMEMBER,UNDERSTAND,COMPREHEND ETC IS FAR LESS THEN NORMAL .
THANKS EVER SO MUCH FOR THE EFFORTS SHOWN..[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
[redacted]
Thank you for the response. I know it has been sometime and I'm sure that Midland is very busy. However in the mean time I did some investigation myself including calling [redacted] directly.
I spoke with [redacted] in the executive department. We spent about 30-40 minutes going over the information because I was concerned that this was a [redacted] account and [redacted] was reporting it incorrectly and now it appeared that somehow midland became the original account holder and not [redacted]. I also expressed my concern on how this account was reporting
She was very knowledgeable about the credit reporting agencies as she had previously been employed working for the credit reporting agencies before working for [redacted]. So her knowledge was very reassuring and what she was talking about was factual. She took the time to actually go through my credit report line by line.
I hadn't heard from midland through the Revdex.com, my disputes go unheard and also anything I send in the UPSP so I figured my best coarse of action was to speak with the company that had a direct relationship with midland. She has basically told me the same thing my credit union is telling me when I refinanced my truck. Although I did get the loan it still was brought up that this should be corrected.
I will list what each individual account has
[redacted]
Terms 1 month
status
Paid, was a collection account, insurance claim or government claim or was terminated for default
(on this you stated you only report is as “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.”
It has me as a late on July 2015
you state Midland Credit does not furnish information that accounts are “120 days or payments past due”
[redacted] is showing Midland as the original lender.
This is on any report pulled
with a payment status of unknown. there has been no data provided to show paid/charged off/settle for less, no balance nothing, just shows the original amount
[redacted]
Only shows only [redacted], we ([redacted] and I) with the amounts and the acct number we figured it belonged to Midland but I have 2 [redacted] on my credit report.
[redacted] was also nice enough to call midland on my behalf upon doing so she discover that I had in fact set this up as a PFD.
During the phone conversation, [redacted] stated contact would be made with Midland Credit Management to communicate my concerns regarding the "payment for deletion" that was agreed to when I paid Midland Credit Management in full. This phone conversation took place on October 27th. I know there was a call placed to your office from [redacted] I did let them know I would follow up with them regarding the issue as they have really gone above and beyond for me with this. Great customer service.
, again I want to thank you for the response. I'm sure we can have a resolution in this matter where [redacted], Midland and I all come out as satisfied in this matter. As far as talking to the credit reporting agencies about the Nomenclature that you have to use (yes I had to actually google that lol) . I have been fighting with them tooth and nail to correct it but they just come back as verified. I just know this is becoming time consuming so I just want to get this put behind me after its done. I also don't want to come across as passing the blame as its [redacted] fault, it's midland fault, or the credit reporting agencies fault. I would just like it deleted seeing as no one can get it corrected or to status it correctly. A collection WITH a late dings my fico score. I was also questioned about the one not showing a paid or 0 balance. but the credit union was able to pull up the cancelled check. Credit unions are more likely to do a manual review of a credit report where as some other companies don't so it looks like that missed payment and balance is still sitting out there when I actuality it isn't
gain [redacted] thank you for you time again I know midland is a very busy company and if I don't hear back before the holiday, Happy holidays t you and yours.
Regards,
[redacted]
Dear [redacted]
:
0pt;" class="MsoNormal">
Thank you for your letter inquiry dated August 19, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 1, 2007 as a [redacted]/P[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 10, 2009. The balance at the time of purchase was $3,152.16.
[redacted] expresses a concern that their validation requests have been ignored. A review of Midland Credit’s business records indicate that on July 29, 2012, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their 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.
A review of Midland Credit’s business records indicate that while it has received requests from the credit reporting agencies to verify the account information being reported, no correspondence was received directly from [redacted] prior to their complaint, 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.
Lastly, Midland Credit’s business records indicate that shortly after receipt of [redacted]’s complaint, on August 20, 2014, Midland Credit received correspondence from them which contained a notarized Identity Theft Affidavit. After review, based on the information provided within the affidavit, and in accordance with Midland Credit’s Consumer-First policy, the above-referenced account was closed. There will be no further collection activity or sale of the account. In addition, the credit-reporting agencies will be notified to delete all reference to the above-referenced account from your consumer credit files. [redacted] has no further obligation to the account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
February 24, 2015
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 10, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 18, 2011, as a [redacted] account number ending in [redacted], in the name of Monique Outlaw, under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2014. The balance at the time of purchase was $616.97.
[redacted] expresses concern that she was unable to resolve the balance on the account with the original creditor. She also requests that her account be restored, all fees waived, and that she be allowed to pay $25.00 per month. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
While Midland Credit is unable restore the use of the credit line of the original account, it stands ready to assist [redacted] in resolving the balance. Midland Credit will accept [redacted]’s offer of monthly $25.00 payments toward the balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist in setting up a payment plan.
[redacted] also expressed concern with how her complaints have been handled by the Revdex.com (“Revdex.com”). Midland Credit is unable to comment on the actions of the Revdex.com. If [redacted] has further concerns with the actions of the Revdex.com, she should contact them directly.
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 April 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
[redacted] expresses a concern that Midland Credit is continuing to collect on a [redacted] account on which a dismissal of judgment with prejudice was obtained. An investigation of this matter indicates that Midland Credit is the servicer of two [redacted] accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on March 29, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 12, 2008, 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 April 8, 2011. The balance at the time of purchase was $767.72.
A review of Midland Credit’s business records indicates that on October 6, 2013, this account was outsourced to the law firm of [redacted]. (“[redacted]”) located at[redacted]. Their phone number is [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 25, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on August 14, 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 January 6, 2011. The balance at the time of purchase was $438.94.
Midland Credit mailed [redacted] separate and unique validation letters – on April 10, 2013, for account no. [redacted], and on June 4, 2012, for account no. [redacted]. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] at the same address listed within her complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Per [redacted]’s concerns, Midland Credit has forwarded a copy of the complaint to [redacted] and inquired with them regarding the matter. The firm has indicated that the suit filed in the matter was dismissed with prejudice and that they ceased collection attempts upon notification of the dismissal. The account was returned to Midland Credit by the firm on March 24, 2015. There will be no further collection activity or sale of this account and [redacted] has no further obligation to it. The three major credit reporting agencies have been notified to remove the account from [redacted]’s consumer credit files.
However, as indicated above, account no. [redacted] is a separate and unique [redacted] account relating to a [redacted]. A review of Midland Credit’s business records indicates that it is accurately reporting account no. [redacted] to the three major credit reporting agencies. If [redacted] is ready to resolve account no. [redacted], she may qualify for a reduction in her account balance. [redacted] and/or her attorney may call Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted]’s request to no longer receive collection letters regarding the above-referenced accounts, account no. [redacted] remains closed and account no. [redacted] has been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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 want to thank Midland Credit for such a detailed response. I would like to review all the documentation pretending to the account in question. Based on the response from Midland Credit it seems that they have a very detailed account of the events. I would like them to send me all and every document that was used to come to this conclusion. I have been seeking advise from a Credit Repair Specialist and they have advised that I have a right to obtain such information. I have called [redacted] independently and he told me to speak to Midland Credit since they have the account in question. I would like to investigate that the dates provided by Midland Credit to insure they are correct.
I believe under the FDCPA , Midland Credit has 30 days to provide me all the information verifying the debt, and the date of delinquency for the account in question. If Midland Credit can not provide me with such information I would like them to delete this item from my credit report immediately. In addition to that Midland Credit records all its phone calls. I believe under the data protection act I have the right to request such information.
Thanks
Regards,
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated September 22, 2014 regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
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 8, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 14, 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 March 18, 2013. The balance at the time of purchase was $2,773.98.
While not the only item of concern identified within her complaint, [redacted] requests validation for the above referenced debt. Pursuant to Midland Credit’s standard business practices, on August 15, 2013, Midland Credit mailed the initial validation letter to [redacted] at the same address listed in her complaint, advising her of the role of Midland Credit as the servicer of the account and providing her with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on September 2, 2014. At that time, Midland Credit acknowledged [redacted]’s dispute and sent her verification information provided by the seller on September 11, 2014. Another copy is enclosed for [redacted]’s records.
Aside from the above, [redacted] writes that the information on the account has been manipulated. While the information on the account shows that the last payment was made on August 2, 2012, she states that the last payment was made in 2010. 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.
In addition, [redacted] questions whether litigation is possible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations does not expire until September 19, 2015. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy to collect that debt. The above-referenced account will still remain collectible, due and owing to Midland Credit.
With that said, a review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. If [redacted] is ready to settle the debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per [redacted]’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
lang="X-NONE">Thank you for your letter inquiry regarding Mr. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 2, 2016.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(“Midland Funding”), on January 15, 2013. Information provided by the seller, Bluestem
Brands, Inc., at the time of acquisition indicates this account was originated
on January 12, 2010 as a
[redacted] card account
number ending in [redacted], in the
name of [redacted] L [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on October 1, 2012. The balance at the time of purchase was
$251.95. A
copy of the verification information provided by the seller is enclosed
for Mr. [redacted]’s records.
Mr. [redacted]
states that when he contacted Midland Credit to pay off the above-referenced
account, he was advised that Midland Credit is unable remove the negative
information upon payment of the account. Mr. [redacted] further expresses a
desire to have the above-referenced account deleted from his consumer credit
files upon resolving the balance. A review of Midland Credit’s business records
indicates that telephone conversations with Mr. [redacted] occurred on April 18,
2016 and April 23, 2016 during which he requested the account be deleted from
his consumer credit files upon payment of the account. The Midland Credit representatives
appropriately advised Mr. [redacted] that Midland Credit is unable to delete the
account from his consumer credit files upon payment of the account.
Please
note that it is Midland Credit’s policy to furnish accurate account
information. Should Mr. [redacted] pay the full balance, Midland Credit will
furnish information for the account as “Account paid in full, was a collection
account.” Should Mr. [redacted] pay less than the full balance, Midland
Credit will also notify the credit reporting agencies to add an additional memo
stating “Account paid in full for less than the full balance.” If
Midland Credit were to delete the account, its correct and accurate status
would not be reflected.
Mr.
[redacted] further states that a Midland Credit representative asked if it had his
permission to call him and he advised “no.”
A review of Midland Credit’s business records indicate that during a
telephone conversation with Mr. [redacted] on April 18, 2016, the Midland Credit
representative asked if Midland Credit is able to contact his cell phone using
its dialer and he advised “no.” As such,
subsequent telephone calls placed to Mr. [redacted] were not placed using Midland
Credit’s dialer. The referenced inquiry is not for all telephone calls placed to
Mr. [redacted] regarding the account. Future telephone calls that were made to Mr.
[redacted] by Midland Credit represatives were appriately placed.
With
that said, Midland Credit apologizes for the misunderstanding. Per Mr. [redacted]’s concern, the
above-referenced account has been marked “Direct Mail Only.” While it
remains due and owing, he will no longer receive phone calls from Midland
Credit representatives and all correspondence will be sent via the United
States Postal Service.
Mr. [redacted]
further expresses a concern that he was hung up on when being transferred to a
supervisor. A review of Midland Credit’s
business records indicates that the representative placed Mr. [redacted]’s call on
hold, at which time it appears the line disconnected. Midland Credit apologizes for any
inconvenience this caused to Mr. [redacted].
Please
assure Mr. [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 Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
Gregory Gerkin,
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
lang="X-NONE">Thank you for your letter inquiry
regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
July 20, 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 25, 2011. Information provided by the seller, FIA Card Services, N.A., at
the time of acquisition indicates this account was originated on July 25, 2007 as a
Bank of America VISA account number
ending in [redacted], in
the name of [redacted] G [redacted],
under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 31, 2009. The balance at the time of purchase was $915.01.
Mr.
[redacted] expresses a concern that Midland Credit has re-aged the account by listing
an open date that is later than the original.
While Midland Credit is sensitive to Mr. [redacted]’s concern, Midland Credit
does not alter or modify any of the original account information provided by
the seller, such as the name of the consumer, the date of origination, or the
date of occurrence. Midland Credit
reports the information on the accounts it services based on the business
records maintained by the original lender/seller.
In
accordance with the Credit Reporting Resource Guide produced by the Consumer
Data Industry Association, the open date being reported on this account
reflects the “date that the account was purchased by the debt buyer or
placed/assigned to the third party collection agency.” The open date listed on Mr. [redacted]’s credit
report is in fact the date of purchase by Midland Funding LLC. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account to the
three major credit reporting agencies.
Mr.
[redacted] also expresses concern that the information reflecting on his consumer
credit files differs between credit reporting agencies. Midland Credit reports the same information
to all three credit reporting agencies each time it reports. If Mr. [redacted] obtained his credit report from a
compilation source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
Mr.
[redacted] further questions the validity of the account. On March 7, 2011, Midland Credit mailed Mr. [redacted]
a validation letter, which informed him that Midland Funding had acquired the
account, and of his rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [redacted] in response to the
letter. In fact, no correspondence was
received directly from Mr. [redacted] prior to the complaint filed through your
office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. §
1692g(a)(3). Because Midland Credit did
not receive such a notice at the time, Midland Credit appropriately proceeded
with efforts to contact Mr. [redacted] and collect the debt.
Although
Midland Credit did not receive any correspondence disputing the debt or
requesting validation from Mr. [redacted] prior to receipt of his complaint through
your office, Midland Credit received notice of a possible dispute through the
credit reporting agencies on June 23, 2015.
Although the request was not timely, verification information provided
by the seller was mailed to Mr. [redacted] in response to the notice on or about July
14, 2015. A copy of the verification
information is again enclosed here.
If
Mr. [redacted] is ready to resolve this debt, he may qualify for a reduction in his
account balance. Please have Mr. [redacted]
call Midland Credit Account Manager Denise Longtin at (800) 825-8131 ext. 23084
to assist him in reaching a resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. 32917 should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
GJG: mrb
Enclosure
Dear [redacted]:
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”), on March 13, 2012. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on [redacted]uary 11, 2005 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 June 13, 2010. The charge-off balance was $226.91. Additional seller fees of $56.73 resulted in a balance at the
time of purchase by Midland Funding of $283.64.
[redacted] expresses a concern that their validation requests have been ignored and
wants evidence that Midland Credit can collect on the debt. On April 15, 2012, Midland Credit mailed the
consumer a validation letter, which informed them that Midland Funding had
acquired the account, and of their rights pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letter was mailed to [redacted] at the same address
listed within their complaint and was not returned as “undeliverable” by the
United States Postal Service, satisfying the notification requirements of the
FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. A review of Midland Credit’s
business records indicates that it while it began receiving notices of possible
dispute from the credit reporting agencies in August 2015, it did not receive
correspondence directly from the consumer prior to the complaint filed through
your office.
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 the consumer and collect the debt.
[redacted] also questions whether the account is collectible due to the expiration of
the statute of limitations as they state they have not had a [redacted] account
since [redacted] As indicated above, the debt originated with [redacted] in 2005
and was charged off in 2010. A review of
Midland Credit’s business records indicates that the statute of limitations is not
set to expire until February 2016. However, please note that the passing
of the statute of limitations does not extinguish the validity of a debt.
Rather, it eliminates litigation as a potential remedy.
Similar
to the statute of limitations, the expiration of the seven-year federal reporting
period also does not extinguish a debt. It only prevents an account from
being reported to the credit reporting agencies. A review of Midland
Credit’s business records indicates that the seven-year federal reporting
period for the above-referenced account does not expire until January 2017.
Although
the current request for validation of the debt is untimely, a copy of the
verification information provided by the seller is enclosed for [redacted]
records. A review of Midland Credit’s
business records indicates that it is accurately furnishing information for the
above-referenced account to the three major credit reporting agencies.
If
[redacted] is ready to resolve this debt, they may qualify for a reduction in their
account balance. Please have the
consumer call Midland Credit Account Manager [redacted] at [redacted] to assist them in reaching a resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
Thank you for your letter inquiry dated April 14, 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
accounts belonging to another consumer with the same name as [redacted]’s. During a search for the correct consumer, [redacted]’s 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
accounts.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s
computer system for the accounts and a review of Midland Credit’s business
records indicates no calls have been made to [redacted]’s phone number since
April 2, 2014.
Regarding
his concern that calls were made after 9:00pm, Midland Credit has safeguards in
place to prevent its calls from being placed before 8:00am local time and after
9:00pm local time.
Further review of its
business records indicates Midland Credit did not make any calls to [redacted]’s phone number after 9:00pm, and that all call attempts were made in
accordance with applicable law. [redacted] will continue to no longer receive calls from Midland Credit
representatives regarding the referenced accounts.
Additionally, [redacted]’s telephone number [redacted] has been added to an exclusion list to prevent it from being
called in the future.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter.
Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
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.This letter is very contradicting. I never had a credit card with a balance owing $297.00 , and the [redacted] account has nothing to do with the dispute I am questioning. The [redacted] account is being handle by the government. I need documents showing I signed for a [redacted] Credit card and documents of purchases being made by me with this card. I have tried unsuccessfully to get documents proving I owe this money.Please send invoice for auto loan and the amount received at the auction. There is no way I owe $18000.00 for a 2005. vehicle. I need proof. Desist and ceased these balances. This letter makes no sense. This conversation about these accounts are all over the place. Please forward documents. I have made phone calls, certified letters and [redacted] will not return my call.
[redacted]