Dear [redacted]:
Thank you for your follow-up letter inquiry dated February 13, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
Midland
Credit provided all the relevant account information in its previous letter
response to your office dated February 11, 2011 and its position has not
changed regarding the matter. [redacted] expresses a concern that he did not receive the initial validation
letter. 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. Because Midland Credit did not receive a
response to its initial validation letter disputing the account or asking for
verification information within a timely manner, Midland Credit appropriately
proceeded with efforts to contact [redacted] and collect the debt.
That being said, in response to his request for
validation, the verification information provided by the seller was provided to
[redacted]. Please note that the verification information
provided by the seller meets the requirements of the Fair Debt Collection
Practices Act (“FDCPA”). The original
contract, complete payment history, and a full set of billing statements are
not required under the FDCPA. Chaudhry v.
Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also questions whether Midland Credit is licensed to conduct business
in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which
requires such licensing and/or bonding for collection companies. Please have [redacted] contact the Office
of the [redacted] Attorney General, Consumer Protection Division for more information
regarding licensing requirements.
As mentioned in its previous response, a review of
Midland Credit’s business records indicates that all calls were made during
allowable hours. Additionally, the above-referenced
account was previously marked “Direct Mail Only” in response to [redacted]’s request on October 31, 2013. The account remains in that status today. While the debt remains due and owing, Mr.
Hornbacher will continue not receiving calls from Midland Credit
representatives unless it is for a specific purpose related to its legal
efforts.
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
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 13, 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 15, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 8, 2011, 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 February 27, 2012. The balance at the time of purchase was $595.16. Final payment on the account was received by Midland Credit on August 13, 2014. Mr. [redacted] has no further financial obligation for this account.
A review of Midland Credit’s business records indicates that on June 24, 2012, this account was placed with [redacted] [redacted] subsequently placed the account with [redacted] who obtained judgment on January 7, 2013. Due to a miscommunication, Midland Credit was not informed that a judgment had been obtained.
At that time, Mr. [redacted] was making payments to Midland Credit instead of the firm servicing the account. As a result, Midland Credit requested that the firm return the account to Midland Credit for servicing. Mr. [redacted] finished paying the full balance of the account; however, since Midland Credit was not properly advised that a judgment was obtained, it was unaware that a satisfaction of judgment needed to be filed.
As described in the complaint, Mr. [redacted] questions the alleged conduct of certain Midland Credit employees. Please note that Midland Credit has finished conducting an investigation regarding the alleged conduct of its employees, and has determined that the initial representatives with whom Mr. [redacted] spoke were unable to ascertain that a judgment had been obtained as Midland Credit was not notified of that fact. The representatives did follow the appropriate procedures for attempting to resolve concerns related to judgments when no information regarding a judgment is available, and properly advised Mr. [redacted] that the process normally takes three to seven days to complete. Midland Credit sincerely apologizes for the misunderstanding and inconvenience.
On June 13, 2016, the same day that Midland Credit received Mr. [redacted]’s complaint, he called in and spoke to another Midland Credit representative. During that conversation, the representative requested that Mr. [redacted] send a copy of the judgment since one had not been provided by the firm. Upon receipt of the judgment, the representative forwarded it to the appropriate department with a request that the judgment be satisfied in an expedited manner. That department was able to complete the filing of the satisfaction of judgment on June 15, 2016. That same day, Mr. [redacted] was sent a copy of the satisfaction of judgment by mail and fax. Another copy of the satisfaction of judgment is enclosed for Mr. [redacted]’s records.
Mr. [redacted] also appears to take exception to the use of aliases by Midland Credit’s representatives. The use of aliases by its representatives is allowable by law. Additionally, the aliases used are registered with the appropriate regulators in those locations where they are required to be registered.
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[redacted] ext. [redacted] should you have any further questions.
Sincerely,
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicate that [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have [redacted] provide his attorney’s information, if applicable, so that we may contact him directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that [redacted] is not or is no longer working with legal counsel and will mark his account accordingly
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted] which he references in the complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 23, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 17, 2008 as a[redacted] account number ending in [redacted] in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2010. The balance at the time of purchase was $2,586.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on November 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2007 as a [redacted] credit card account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 9, 2010. The balance at the time of purchase was $1,955.98.
[redacted] expresses a concern that Midland Credit did not notify him of this debt prior to placing it on his credit report. Midland Credit mailed [redacted] separate and unique validation letters – on March 26, 2010, for account no. [redacted], and on December 6, 2013, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] at the same address listed within his complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
A review of Midland Credit’s business records indicate that it did not begin furnishing information to the three major credit bureaus until May 17, 2010 for account no. [redacted] and January 16, 2014 for account no. [redacted], more than 30 days after the validation letter for each account was sent.
[redacted] also expresses a concern that Midland Funding has failed to provide him with the Mini Miranda. A review of Midland Credit’s business records indicates that its letters provided the appropriate disclosures pursuant to the FDCPA.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on February 9, 2016. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded with appropriate letters on or about February 17, 2016 for the referenced accounts.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the accounts. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection accounts in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
Ms. L[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# 8[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 6, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 28, 2012. Information provided by the seller, [redacted] Holdings LLC, at the time of acquisition indicates this account was originated on January 4, 2008, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 29, 2011. The balance at the time of purchase was $3,223.49.
Ms. [redacted] expresses a concern that Midland Credit representatives have contacted her before 8am local time and after 9:00pm local time. Please assure Ms. [redacted] that Midland Credit has safeguards in place to prevent its calls from being placed before 8:00am local time and after 9:00pm local time. Midland Credit’s determination of which local time should control is based on information then available to it, including the phone number’s area code. Ms. [redacted]’s phone number contains an area code belonging to Yonkers, New York. Based on that information, Midland Credit attempted to contact Ms. [redacted] at times consistent with New York. All calls were placed after 8:00am and prior to 9:00 pm local Yonkers time.
As described in the complaint, Ms. [redacted] questions the alleged conduct of certain Midland Credit employees. Please note that the alleged conduct described by Ms. [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
Additionally, Ms. [redacted] expresses a concern that, prior to Midland Funding’s purchase of the account, a [redacted] representative changed her phone plan without her consent, resulting in her account being forwarded to collections. A review of Midland Credit’s business records indicate it was not advised of Ms. [redacted]’s concerns with [redacted] prior to receipt of her complaint. However, now that Midland Credit has been made aware of Ms. [redacted]’s prior issues with [redacted], in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from Ms. [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
Gregory Gerkin, Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
size="3">Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 25, 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 April 13, 2012. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on August 20, 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 July 14,
2010. The balance at the time of purchase was $647.72.
[redacted] expresses a concern that the above-referenced account was not authorized
by her. On April 28, 2012, Midland
Credit mailed [redacted] a validation letter, which informed her that Midland
Funding had acquired the account, and of her rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). The letter was not returned as
“undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. A review of Midland Credit’s
business records indicates that it received the first correspondence requesting
validation from [redacted] on March 27, 2014, which cannot be considered
timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. §
1692g(a)(3). Because Midland Credit did
not receive such a notice at the time, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debt.
[redacted] also states that Midland Credit
representatives were rude and unprofessional towards her on the phone. Please note, Midland Credit was not advised prior to the complaint filed with your
office that she no longer wished to receive phone calls. A review of Midland Credit’s business records
indicates that Midland Credit representatives acted appropriately and in
accordance with company policies and
procedures designed to protect consumer rights.
However, if [redacted] is able to provide specific dates, times, and/or
names regarding the referenced calls, Midland Credit may be able to investigate
further. She can call Midland Credit’s
Consumer Support Services team at [redacted] to provide
additional information.
Regarding
her claim that the account was not authorized by her, [redacted] initially advised
a Midland Credit representative on September 10, 2013 that the debt was the
result of [redacted] equipment still at her home which had not been picked up by
[redacted] In a subsequent conversation on
October 10, 2013, [redacted] stated she never had the account.
With
that said, on March 17, 2015 [redacted] sent Midland Credit an Identity Theft
Affidavit which detailed her claims.
Based on phone conversations with [redacted], and the documentation
received March 17, 2015, Midland Credit closed the account that same day. A letter advising [redacted] that she had no
further obligation on the account was mailed to her on March 18, 2015. There will continue to be no further
collection activity or sale of this account.
In addition all three credit-reporting agencies were notified to delete
all reference to this account from her consumer
credit files.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
size="3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 19, 2016. Midland Credit appreciates the opportunity to answer your questions. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account originated on May 14, 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 November 29, 2010. The balance at the time of purchase was $470.32.
[redacted] states that he requested validation on multiple occasions but has not received a response. On October 26, 2013, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on June 6, 2016 followed by a second request on July 12, 2016. In both instances, Midland Credit responded by sending a letter advising [redacted] that an investigation had been opened and the appropriate documents had been requested. In addition, Midland Credit annotated the account as disputed, and ceased collection efforts while it was in the process of verifying the debt.
However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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
Re: Consumer complaint of [redacted]
'Times New Roman';">Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry dated August 12, 2014, regarding Mr. [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 February 15, 2011. Information provided by the seller, [redacted], N.A., at the time of acquisition indicates this account was originated on October 3, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2009. The balance at the time of purchase was $4,641.25.
Mr. [redacted] writes that he requested validation from Midland Credit and received no reply. On April 11, 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”). Please note that the letter was mailed to Mr. [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 Mr. [redacted] in response to the letter. In fact, Midland Credit’s business records indicate that 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.
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. Although his request is not timely, a copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records.
If Mr. [redacted] is ready to settle this debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Midland Credit Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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.
BY THE WAY IN REBUTTAL TO WHAT THEY SAY, THEY OFFER no means FOR A CONSUMER TO TELL THEM THEY ARE CALLING A WRONG NUMBER. THEY USE COMPUTERS TO DIAL AND THERE IS NO ONE ON THE PHONE. ADDITIONALLY IF THEY TRULY WERE CONCERNED, THEY WOULD LEAVE A MESSAGE RATHER THAN JUST HANGING UP. THESE TYPES OF COMPANIES DO NOT TAKE "WRONG NUMBER" AS AN ANSWER.
Regards,
[redacted]
Roman';">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
April 21, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response
to the CFPB is enclosed. An investigation of this matter indicates that
Midland Credit became the servicer of the above-referenced account on behalf of
purchaser, Midland Funding LLC (“Midland Funding”), on February 18, 2014. Information provided by the seller, [redacted], at the
time of acquisition indicates this account was originated on May 13, 2013, 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
19, 2014. The balance at the time
of purchase was $712.62.
[redacted] expresses a concern that his validation requests have been ignored. On February 28, 2014, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired
the account, and of his rights pursuant to the Fair Debt Collection Practices
Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. A review of Midland Credit’s
business records indicates that it received the first correspondence requesting
validation from [redacted] on March, 30, 2015, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
[redacted] writes that Midland Funding is reporting inaccurately across the three
major credit reporting agencies. However,
Midland Funding reports the same information to each of the three major credit
reporting agencies each time it reports.
[redacted] also writes that Midland Funding is reporting as the original
creditor on his [redacted] credit report.
Please note that Midland Funding is a debt buyer and does not provide
consumers with credit. Therefore,
Midland Funding does not report as an original creditor and does not have the
ability to do so.
If
[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.
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.
[redacted] also writes that he had been lied to when he was told that a letter had
been sent to him on or about April 4, 2015 because he received an email from
Midland Credit on April 7, 2015 advising him that it had received his
dispute. It appears that [redacted] may
have misunderstood the reason for the referenced letter being sent. Midland Credit received two notifications of possible
dispute through the credit reporting agencies as well as an email dispute sent
to its Chief Compliance Officer, all of which were processed on March 31,
2015. The letter was sent in response to
these disputes. The referenced email
received by [redacted] on April 7, 2015 was an automatically generated email in
response to a separate dispute filed through Midland Credit’s website on April
6, 2015.
Although
the request was not timely, verification information provided by the seller was
mailed to [redacted] in response to his disputes with the referenced letter. A copy of the verification information
provided by the seller is also enclosed here.
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] at [redacted] to assist him in reaching a resolution of the account
balance.
As
described in the complaint, [redacted] questions the alleged conduct of certain
Midland Credit employees. Midland Credit
has finished conducting its investigation regarding the alleged conduct of its
employees, including listening to the calls in question, and has determined
that no violation of company policy occurred.
As an initial matter, the calls received on [redacted]’s account appear to
have been made by his spouse. There is
no record that [redacted] spoke directly to any Midland Credit representatives. Midland Credit’s representatives acted
appropriately pursuant to applicable law.
Midland Credit’s representatives did not speak to [redacted] with raised
voices nor did they refer to [redacted] as a criminal. They also did not tell [redacted] that she or
[redacted] should go to jail.
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
October 21, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 2015. [redacted] has filed similar complaints through the Consumer Financial Protection Bureau (“CFPB”) and Office of the Attorney General, State of California (“AG”). A copy of Midland Credit’s responses to the AG and CFPB, in additional to Midland Credits previous response to the Revdex.com are enclosed. Please note, Midland Credit provided all of the account identifying information in its previous letter response to your office dated September 25, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] asserts that Midland Credit failed to respond to her written request for validation dated July 11, 2011. [redacted] also includes a copy of a written correspondence and a copy of a certified return receipt. As stated in its original response, Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, on May 25, 2012. This is nearly 11 months after the date of the letter [redacted] claims she sent requesting validation on this account. Additionally, nothing in [redacted]’s response to the Revdex.com shows that the letter and the return receipt were a part of the same package. There is also no way for Midland Credit to determine whether or not the return receipt belongs to any letter sent by [redacted] as there is no name associated with it.
To that end, Midland Credit is also the servicer of an additional account belonging to another individual with the same address and last name as [redacted] (account number [redacted]), which Midland Funding acquired, and Midland Credit began servicing on June 23, 2011. Midland Credit’s business records for that account show that Midland Credit received a certified letter from that individual on July 11, 2011, requesting validation and that they no longer be contacted regarding that account. It appears the return receipt which [redacted] has attached to her Revdex.com complaint was associated with this letter.
[redacted] also continues to assert that she has made several attempts and follow-up requests for validation, and that Midland Credit has also ignored these requests. A review of Midland Credit’s business records indicate that it received the first written request for validation from [redacted] on April 11, 2013. Due to the “Cease and Desist” request in [redacted]’s correspondence, Midland Credit was unable to respond at that time, and no additional correspondence has been received prior to [redacted]’s complaints. Following receipt of [redacted]’s first complaint through the Revdex.com, Midland Credit obtained verification information from the seller. A copy of the verification information is enclosed for [redacted]’s records. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If [redacted] is ready to resolve the above-referenced debt, her account remains assigned to Account Manager [redacted]. Please have [redacted] call [redacted] at ([redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted]’s previous request to no longer be contacted by Midland Credit, 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 [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated September 15, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 28, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 18, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 12, 2007. The balance at the time of purchase was $440.86. Final payment on the account was received on August 26, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that Midland Credit has not honored the payment to settle his account. Midland Credit received a payment of $264.51 on August 26, 2014, which was in accordance with the latest settlement offer for the account. The payment was automatically applied to the account, and a letter confirming receipt of the payment was sent to [redacted]. However, as [redacted] had not contacted Midland Credit directly to settle the account, the letter also advised him of the remaining balance on the account and encouraged him to contact Midland Credit to discuss the account further. Midland Credit has now updated [redacted]’s account to reflect the paid status, and apologizes for the administrative oversight that delayed the updating of the account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [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]
11pt; font-family: 'Times New Roman', serif;">Thank you for your letter inquiry dated December 2, 2014, regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received the same day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer with a name similar to [redacted] During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third
party. In reliance on that information,
Midland Credit attempted to contact the consumer regarding the referenced
account.
Midland
Credit was notified that it was calling the wrong party on November 28, 2014. [redacted] phone number was marked “Do Not
Call” in Midland Credit’s computer system for the referenced account at that
time and no calls have been attempted since November 28, 2014. [redacted] will continue to not receive calls
from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number [redacted] has been added to an exclusion list to prevent it from being called in
the future regarding the referenced account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted] Thank you again for your assistance in this
matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
August 11, 2016
**n>
VIA E-Mail**n>
**n>
[redacted]n>
Revdex.com of San Diego**n>
5050 Murphy Canyon, Ste. 110**n>
San Diego, CA 92123**n>
**n>
Re: **n>Consumer complaint of [redacted]n>
Revdex.com# [redacted]n>
**n>MCM# [redacted]n>
**n>
Dear [redacted]n>
**n>
Thank you for your **n>follow-up **n>letter inquiry regarding **n>[redacted] complaint, which **n>Midland Credit Management, Inc. (“Midland Credit”) **n>received **n>August 1, 2016**n>. **n>Midland Credit appreciates the opportunity to answer your questions.**n>
**n>
While Midland Credit made the business decision to remove prior interest accrued on the account, [redacted] states that the interest charged was not in accordance with the maximum 6% interest rate allowable under Pennsylvania law. **n>Midland Credit respectfully maintains that it applied interest to the account in accordance with applicable state interest laws. **n>
**n>
[redacted] continues to express concern about how the account is appearing on her credit report, namely that she indicates that Midland Funding is listing itself as a ‘retail creditor,’ and also provides a copy of her credit report. **n>As stated in its previous responses, Midland Credit does not furnish information for accounts as a ‘retail creditor’ to the credit reporting agencies. **n>After reviewing the documentation provided by [redacted], the account is appearing on [redacted]’s credit report with a notation that indicates the Creditor Classification as a Retail account. **n>**n>
**n>
To clarify, Midland Funding has been advised and required by the credit reporting agencies to furnish such information, indicating the classification of the debt as it originated with the original creditor. **n>However, this information is to provide classification of the original debt, and not that Midland Funding or Midland Credit are retail creditors. **n>Midland Credit does not furnish information indicating that it is a retail creditor. **n>Midland Credit’s business records indicates that the account information it has furnished to the three major credit reporting agencies is accurate.**n>
**n>
With that said, **n>in keeping with its Consumer-First policy, Midland Credit **n>has **n>made the business decision to close the account. **n>There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. **n>In addition, the three credit-reporting agencies will be notified to delete Midland Funding’s reference to the collection account in question from **n>[redacted] consumer credit files.**n>
**n>
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. **n>Midland Credit apologizes for the inconvenience caused to [redacted].**n>
**n>
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.**n>
**n>
Sincerely, **n>
**n>
Midland Credit Management, Inc.**n>
[redacted]n>
Corporate Counsel, Legal Affairs & Compliance**n>
*Admitted in Colorado; Registered In-House Counsel in California**n>
**n>
[redacted]n>
Roman">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
March 18, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
two accounts belonging to [redacted]. Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on August 28, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on May 18, 2008, as a [redacted]
account number ending in [redacted], in the name of [redacted], under the last four
of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on July 25, 2012. The balance at the
time of purchase was $457.73.
Midland Credit became the servicer of
account no. [redacted], on behalf of purchaser, Midland Funding on December 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on June 4, 2006, as a [redacted]
account number ending in [redacted],
in the name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on February
27, 2013. The balance
at the time of purchase was $202.89.
[redacted] expresses a concern that he agreed to pay
$274.63 to resolve account no. [redacted], and $121.73 to resolve account no.
[redacted], with each payment due on February 28, 2015, but that the payments
did not result in resolving the account balances and collection attempts
continued. A review of Midland Credit’s
business records indicates that [redacted] called on February 16, 2015 and reached
an agreement with a Midland Credit representative to resolve both account
balances. The conditions of the
agreement appear to indicate that payment was to be received by Midland Credit
by February 27, 2015. Separate and
unique letters for each account were sent to [redacted] on February 18, 2015
confirming the settlement agreement which was discussed over the phone with the
Midland Credit representative.
As indicated by [redacted], he mailed the payments to
Midland Credit on February 26, 2015. However, due to the time it takes for mail
to arrive and for the funds to be processed, the payments were not posted to
the accounts until March 3, 2015, which was after the agreed upon date. As the payment plan had been broken, upon
posting of his payments, letters were sent to [redacted] seeking to resolve
the remaining balances due.
With that said, in
keeping with its Consumer-First policy, Midland Credit has made the business decision to treat [redacted]’s payments as sufficient to consider
both account balances resolved. The
accounts will be updated to reflect a Paid status and an update will be sent to
the three credit-reporting agencies for each
account requesting the accounts each be reported as “Account paid in full, was a collection
account” with an additional memo “Account paid in full for less than the
full balance.” There will be no further
collection activity, credit reporting or sale of both
accounts.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Re: Consumer complaint of [redacted]
0.5in; mso-add-space: auto;">Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 16, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the two referenced accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on April 30, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 27, 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 March 11, 2014. The balance at the time of purchase was $3,961.72.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on April 30, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 7, 2008, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 26, 2014. The balance at the time of purchase was $2,590.87.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit mailed [redacted] separate and unique validation letters on May 14, 2014, for both account no. [redacted] and 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.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from [redacted] in response to the letters. Further review of Midland Credit’s business records indicates that it received the first notice of possible dispute from the credit reporting agencies for account no. [redacted] and [redacted] on or about June 26, 2015. Upon receipt of [redacted] complaint, Midland Credit acknowledged her dispute and annotated the accounts as disputed. Midland Credit has received verification information from the seller. A copy of the verification information provided by the seller is enclosed for [redacted] records.
[redacted] also expresses concern that the above-referenced accounts are reporting as an open account on her consumer credit files. As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that the accounts are being correctly reported. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
[redacted] states that these accounts were opened fraudulently and has filed police reports regarding the fraudulent accounts. Please note that no supporting documentation has been received supporting her claim. However, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (“CSS”) specialist, find the answers to frequently asked questions, and upload documents to support her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead.
[redacted] also states that she is in receipt of documents from [redacted] Please note that Midland Credit purchased the above referenced accounts from the seller with all rights. A review of Midland Credit’s business records indicates that this account has not been assigned out to another company to collect on its behalf. Please advise [redacted] to provide documentation supporting her concerns to CSS. [redacted] may send the appropriate documentation to the contact information on this letterhead or she may contact Midland Credit online at the website provided above. It is possible that [redacted] is being contacted by other collection agencies regarding other accounts.
Per [redacted] request for Midland Credit to stop attempting to collect the debts, the above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have received a letter from this company several days ago. They claim I owe over 5,000.00 to [redacted]. This claim is over 15 years old which I settled many years ago. By [redacted] law anything over 10 years old can no longer be pursued. . I have received phone calls from this company as well, my number of [redacted] is not listed and I have not given that number to anyone.
Desired Outcome: I wish to longer receive contact by mail or phone call from this company.
This a new complaint, I am getting phone calls from Midland Credit Management about a claim they believe is attached to me . I am very upset they have contacted me at my house since it is unlisted and I have never given out my home number ever.
Desired Outcome: I do not want them contacting me again. I believe this company acts in an unethical manner.
I have complained before about this company, I have complained about them calling me on a unlisted number I have never given out. Now they are calling me on a Sunday before 1pm which I know is not legal. I believe this company is highly unethical and is now harassing me, they call 6-10 times a day.
Desired Outcome: I wish no further contact from this company either by phone or letter or I will escalate this issue with the attorney general of my state.
Regards,[redacted]
July 23, 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 July 9, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 4, 2012 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 18, 2013. The balance at the time of purchase was $903.60.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit sent her a validation letter on October 6, 2014. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed. In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. These letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015. All of the letters sent to [redacted] were mailed to the same address listed in her complaint.
An additional copy of the verification information provided by the seller is enclosed. Please note that the verification information provided by the seller meets the requirements of the 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).
Based on the information provided by the seller, Midland Credit continues to assert 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 Texas Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. Please have her call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted] 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
September 14, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re:
pre"> Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 27, 2016. Midland Credit also received correspondence from [redacted] disputing the debt on July 27, 2016. This response serves to address [redacted] most recent inquiry as well. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 21, 2008, as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted]. The first delinquency occurred on September 30, 2012. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 29, 2013. The balance at the time of purchase was $453.19.
On October 5, 2013, 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 written correspondence disputing the debt from [redacted] on April 15, 2016, to which Midland Credit appropriately responded on April 25, 2016 with a letter advising that her dispute was being investiga[redacted]. Midland Credit received a subsequent dispute on June 17, 2016, which Midland Credit appropriately responded to on June 24, 2016. Midland Credit has since received a copy of the verification information provided by the seller, a copy of which is enclosed for Ms. Laing’s records. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
[redacted] indicates that she does not speak Spanish, but that she received two letters written solely in Spanish. A review of Midland Credit’s business records indicates that on October 8, 2013, a call was placed to the phone number, ending [redacted], listed in [redacted] complaint. As a result of the phone call, the Midland Credit representative marked the account to indicate that communications moving forward should be done in Spanish. Midland Credit was not made aware that [redacted] did not speak Spanish until it had a subsequent conversation with her on July 13, 2016. At that time, the Midland Credit representative appropriately updated the account. Midland Credit apologizes for any inconvenience in receiving communications in Spanish.
[redacted] expresses a concern that the representative with whom she spoke lied about his name. Please note, aliases are used for the convenience of consumers, providing a more easily pronounceable and memorable name to reference. Each representative uses only one alias. Further, all aliases are traceable back to the particular representative using them and are registered with State agencies when required.
[redacted] states that this is not her account. Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized.
[redacted] can contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead.
With that said, if [redacted] now recognizes this debt as due and owing, and if she is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at[redacted] to assist her in reaching a resolution of the account balance.
Per [redacted] in the July correspondence received, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
12pt">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 9, 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 20, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 14, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2011. The balance at the time of purchase was $1,421.35. Final payment on the account was received by Midland Credit on March 23, 2015. [redacted] has no further financial obligation for this account.
[redacted] writes that she sent $902.00 to [redacted], subsequently received an offer from Midland Credit to settle the balance for $631.17, and is awaiting a refund for the difference per a conversation she had with Midland Credit representative [redacted]. A review of Midland Credit’s business records indicates that [redacted] called Midland Credit on March 9, 2015 and spoke with Midland Credit representative [redacted]. The balance remaining on the account was $901.67, and [redacted] advised [redacted] that she had made a payment to the seller for $902.00 and requested a refund for the difference.
Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, Midland Credit has determined that no violation of company policy occurred. Midland Credit’s review of [redacted]’s conversation with [redacted] on March 9, 2015 indicates that [redacted] did not promise a refund. In fact, [redacted] reiterated to [redacted] that the balance owed at the time was $901.67. Additionally, at the time of the conversation with [redacted], Midland Credit had not yet received the funds from the seller.
[redacted] also subsequently called Midland Credit on March 23, 2015 and spoke with two representatives regarding her refund request; however, the funds had not yet been received from the seller at the time those conversations took place. For that reason, those representatives would not have been able to request a refund. Later that day, on March 23, 2015, Midland Credit received $902.00 from the seller and posted the funds to the account. However, because the balance owed was $901.67, and Midland Credit received $902.00, this left an overpayment in the amount of $0.33. Midland Credit started the process for a refund in the amount of $0.33.
While [redacted] states that she learned of the $631.17 settlement offer after making the $902.00 payment to the seller, in keeping with its Consumer-First policy, Midland Credit will honor the settlement offer, and will refund $270.83 to [redacted].
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
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 is the servicer of three accounts belonging to you.
Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on July 9, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 10, 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 9, 2008. The balance at the time of purchase was $5,784.03.
Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 6, 2008 as a [redacted]. account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 18, 2008. The balance at the time of purchase was $5,544.94.
Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, also on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 2, 2006 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $4,302.22.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced accounts, Midland Credit mailed [redacted] separate but unique validation letters – on July 15, 2010 for account [redacted], June 4, 2012 for account [redacted], and June 13, 2012 for account [redacted]. The letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates the first correspondence Midland Credit received from [redacted] disputing any debt was dated November 12, 2013, for account [redacted], which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
While the request was untimely, Midland Credit made the business decision to close the above-referenced accounts. A letter of deletion was mailed to [redacted] in regards to account [redacted] on November 29, 2013. There will be no further collection activity, credit reporting or sale of these accounts. In addition, the three credit-reporting agencies have been notified to delete all reference to the accounts in question from [redacted]’ consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated February 13, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
Midland
Credit provided all the relevant account information in its previous letter
response to your office dated February 11, 2011 and its position has not
changed regarding the matter. [redacted] expresses a concern that he did not receive the initial validation
letter. 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. Because Midland Credit did not receive a
response to its initial validation letter disputing the account or asking for
verification information within a timely manner, Midland Credit appropriately
proceeded with efforts to contact [redacted] and collect the debt.
That being said, in response to his request for
validation, the verification information provided by the seller was provided to
[redacted]. Please note that the verification information
provided by the seller meets the requirements of the Fair Debt Collection
Practices Act (“FDCPA”). The original
contract, complete payment history, and a full set of billing statements are
not required under the FDCPA. Chaudhry v.
Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also questions whether Midland Credit is licensed to conduct business
in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which
requires such licensing and/or bonding for collection companies. Please have [redacted] contact the Office
of the [redacted] Attorney General, Consumer Protection Division for more information
regarding licensing requirements.
As mentioned in its previous response, a review of
Midland Credit’s business records indicates that all calls were made during
allowable hours. Additionally, the above-referenced
account was previously marked “Direct Mail Only” in response to [redacted]’s request on October 31, 2013. The account remains in that status today. While the debt remains due and owing, Mr.
Hornbacher will continue not receiving calls from Midland Credit
representatives unless it is for a specific purpose related to its legal
efforts.
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]
July 22, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 13, 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 15, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 8, 2011, 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 February 27, 2012. The balance at the time of purchase was $595.16. Final payment on the account was received by Midland Credit on August 13, 2014. Mr. [redacted] has no further financial obligation for this account.
A review of Midland Credit’s business records indicates that on June 24, 2012, this account was placed with [redacted] [redacted] subsequently placed the account with [redacted] who obtained judgment on January 7, 2013. Due to a miscommunication, Midland Credit was not informed that a judgment had been obtained.
At that time, Mr. [redacted] was making payments to Midland Credit instead of the firm servicing the account. As a result, Midland Credit requested that the firm return the account to Midland Credit for servicing. Mr. [redacted] finished paying the full balance of the account; however, since Midland Credit was not properly advised that a judgment was obtained, it was unaware that a satisfaction of judgment needed to be filed.
As described in the complaint, Mr. [redacted] questions the alleged conduct of certain Midland Credit employees. Please note that Midland Credit has finished conducting an investigation regarding the alleged conduct of its employees, and has determined that the initial representatives with whom Mr. [redacted] spoke were unable to ascertain that a judgment had been obtained as Midland Credit was not notified of that fact. The representatives did follow the appropriate procedures for attempting to resolve concerns related to judgments when no information regarding a judgment is available, and properly advised Mr. [redacted] that the process normally takes three to seven days to complete. Midland Credit sincerely apologizes for the misunderstanding and inconvenience.
On June 13, 2016, the same day that Midland Credit received Mr. [redacted]’s complaint, he called in and spoke to another Midland Credit representative. During that conversation, the representative requested that Mr. [redacted] send a copy of the judgment since one had not been provided by the firm. Upon receipt of the judgment, the representative forwarded it to the appropriate department with a request that the judgment be satisfied in an expedited manner. That department was able to complete the filing of the satisfaction of judgment on June 15, 2016. That same day, Mr. [redacted] was sent a copy of the satisfaction of judgment by mail and fax. Another copy of the satisfaction of judgment is enclosed for Mr. [redacted]’s records.
Mr. [redacted] also appears to take exception to the use of aliases by Midland Credit’s representatives. The use of aliases by its representatives is allowable by law. Additionally, the aliases used are registered with the appropriate regulators in those locations where they are required to be registered.
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[redacted] ext. [redacted] should you have any further questions.
Sincerely,
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicate that [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have [redacted] provide his attorney’s information, if applicable, so that we may contact him directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that [redacted] is not or is no longer working with legal counsel and will mark his account accordingly
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted] which he references in the complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 23, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 17, 2008 as a[redacted] account number ending in [redacted] in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2010. The balance at the time of purchase was $2,586.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on November 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2007 as a [redacted] credit card account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 9, 2010. The balance at the time of purchase was $1,955.98.
[redacted] expresses a concern that Midland Credit did not notify him of this debt prior to placing it on his credit report. Midland Credit mailed [redacted] separate and unique validation letters – on March 26, 2010, for account no. [redacted], and on December 6, 2013, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] at the same address listed within his complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
A review of Midland Credit’s business records indicate that it did not begin furnishing information to the three major credit bureaus until May 17, 2010 for account no. [redacted] and January 16, 2014 for account no. [redacted], more than 30 days after the validation letter for each account was sent.
[redacted] also expresses a concern that Midland Funding has failed to provide him with the Mini Miranda. A review of Midland Credit’s business records indicates that its letters provided the appropriate disclosures pursuant to the FDCPA.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on February 9, 2016. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded with appropriate letters on or about February 17, 2016 for the referenced accounts.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the accounts. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection accounts in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
April 20, 2015
VIA E-Mail
Ms. L[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# 8[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 6, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 28, 2012. Information provided by the seller, [redacted] Holdings LLC, at the time of acquisition indicates this account was originated on January 4, 2008, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 29, 2011. The balance at the time of purchase was $3,223.49.
Ms. [redacted] expresses a concern that Midland Credit representatives have contacted her before 8am local time and after 9:00pm local time. Please assure Ms. [redacted] that Midland Credit has safeguards in place to prevent its calls from being placed before 8:00am local time and after 9:00pm local time. Midland Credit’s determination of which local time should control is based on information then available to it, including the phone number’s area code. Ms. [redacted]’s phone number contains an area code belonging to Yonkers, New York. Based on that information, Midland Credit attempted to contact Ms. [redacted] at times consistent with New York. All calls were placed after 8:00am and prior to 9:00 pm local Yonkers time.
As described in the complaint, Ms. [redacted] questions the alleged conduct of certain Midland Credit employees. Please note that the alleged conduct described by Ms. [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
Additionally, Ms. [redacted] expresses a concern that, prior to Midland Funding’s purchase of the account, a [redacted] representative changed her phone plan without her consent, resulting in her account being forwarded to collections. A review of Midland Credit’s business records indicate it was not advised of Ms. [redacted]’s concerns with [redacted] prior to receipt of her complaint. However, now that Midland Credit has been made aware of Ms. [redacted]’s prior issues with [redacted], in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from Ms. [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
Gregory Gerkin, Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
size="3">Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 25, 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 April 13, 2012. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on August 20, 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 July 14,
2010. The balance at the time of purchase was $647.72.
[redacted] expresses a concern that the above-referenced account was not authorized
by her. On April 28, 2012, Midland
Credit mailed [redacted] a validation letter, which informed her that Midland
Funding had acquired the account, and of her rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). The letter was not returned as
“undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. A review of Midland Credit’s
business records indicates that it received the first correspondence requesting
validation from [redacted] on March 27, 2014, which cannot be considered
timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. §
1692g(a)(3). Because Midland Credit did
not receive such a notice at the time, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debt.
[redacted] also states that Midland Credit
representatives were rude and unprofessional towards her on the phone. Please note, Midland Credit was not advised prior to the complaint filed with your
office that she no longer wished to receive phone calls. A review of Midland Credit’s business records
indicates that Midland Credit representatives acted appropriately and in
accordance with company policies and
procedures designed to protect consumer rights.
However, if [redacted] is able to provide specific dates, times, and/or
names regarding the referenced calls, Midland Credit may be able to investigate
further. She can call Midland Credit’s
Consumer Support Services team at [redacted] to provide
additional information.
Regarding
her claim that the account was not authorized by her, [redacted] initially advised
a Midland Credit representative on September 10, 2013 that the debt was the
result of [redacted] equipment still at her home which had not been picked up by
[redacted] In a subsequent conversation on
October 10, 2013, [redacted] stated she never had the account.
With
that said, on March 17, 2015 [redacted] sent Midland Credit an Identity Theft
Affidavit which detailed her claims.
Based on phone conversations with [redacted], and the documentation
received March 17, 2015, Midland Credit closed the account that same day. A letter advising [redacted] that she had no
further obligation on the account was mailed to her on March 18, 2015. There will continue to be no further
collection activity or sale of this account.
In addition all three credit-reporting agencies were notified to delete
all reference to this account from her consumer
credit files.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
size="3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 19, 2016. Midland Credit appreciates the opportunity to answer your questions. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account originated on May 14, 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 November 29, 2010. The balance at the time of purchase was $470.32.
[redacted] states that he requested validation on multiple occasions but has not received a response. On October 26, 2013, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on June 6, 2016 followed by a second request on July 12, 2016. In both instances, Midland Credit responded by sending a letter advising [redacted] that an investigation had been opened and the appropriate documents had been requested. In addition, Midland Credit annotated the account as disputed, and ceased collection efforts while it was in the process of verifying the debt.
However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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
Re: Consumer complaint of [redacted]
'Times New Roman';">Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry dated August 12, 2014, regarding Mr. [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 February 15, 2011. Information provided by the seller, [redacted], N.A., at the time of acquisition indicates this account was originated on October 3, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2009. The balance at the time of purchase was $4,641.25.
Mr. [redacted] writes that he requested validation from Midland Credit and received no reply. On April 11, 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”). Please note that the letter was mailed to Mr. [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 Mr. [redacted] in response to the letter. In fact, Midland Credit’s business records indicate that 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.
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. Although his request is not timely, a copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records.
If Mr. [redacted] is ready to settle this debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Midland Credit Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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.
BY THE WAY IN REBUTTAL TO WHAT THEY SAY, THEY OFFER no means FOR A CONSUMER TO TELL THEM THEY ARE CALLING A WRONG NUMBER. THEY USE COMPUTERS TO DIAL AND THERE IS NO ONE ON THE PHONE. ADDITIONALLY IF THEY TRULY WERE CONCERNED, THEY WOULD LEAVE A MESSAGE RATHER THAN JUST HANGING UP. THESE TYPES OF COMPANIES DO NOT TAKE "WRONG NUMBER" AS AN ANSWER.
Regards,
[redacted]
Dear [redacted]
Roman';">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
April 21, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response
to the CFPB is enclosed. An investigation of this matter indicates that
Midland Credit became the servicer of the above-referenced account on behalf of
purchaser, Midland Funding LLC (“Midland Funding”), on February 18, 2014. Information provided by the seller, [redacted], at the
time of acquisition indicates this account was originated on May 13, 2013, 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
19, 2014. The balance at the time
of purchase was $712.62.
[redacted] expresses a concern that his validation requests have been ignored. On February 28, 2014, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired
the account, and of his rights pursuant to the Fair Debt Collection Practices
Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter. A review of Midland Credit’s
business records indicates that it received the first correspondence requesting
validation from [redacted] on March, 30, 2015, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
[redacted] writes that Midland Funding is reporting inaccurately across the three
major credit reporting agencies. However,
Midland Funding reports the same information to each of the three major credit
reporting agencies each time it reports.
[redacted] also writes that Midland Funding is reporting as the original
creditor on his [redacted] credit report.
Please note that Midland Funding is a debt buyer and does not provide
consumers with credit. Therefore,
Midland Funding does not report as an original creditor and does not have the
ability to do so.
If
[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.
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.
[redacted] also writes that he had been lied to when he was told that a letter had
been sent to him on or about April 4, 2015 because he received an email from
Midland Credit on April 7, 2015 advising him that it had received his
dispute. It appears that [redacted] may
have misunderstood the reason for the referenced letter being sent. Midland Credit received two notifications of possible
dispute through the credit reporting agencies as well as an email dispute sent
to its Chief Compliance Officer, all of which were processed on March 31,
2015. The letter was sent in response to
these disputes. The referenced email
received by [redacted] on April 7, 2015 was an automatically generated email in
response to a separate dispute filed through Midland Credit’s website on April
6, 2015.
Although
the request was not timely, verification information provided by the seller was
mailed to [redacted] in response to his disputes with the referenced letter. A copy of the verification information
provided by the seller is also enclosed here.
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] at [redacted] to assist him in reaching a resolution of the account
balance.
As
described in the complaint, [redacted] questions the alleged conduct of certain
Midland Credit employees. Midland Credit
has finished conducting its investigation regarding the alleged conduct of its
employees, including listening to the calls in question, and has determined
that no violation of company policy occurred.
As an initial matter, the calls received on [redacted]’s account appear to
have been made by his spouse. There is
no record that [redacted] spoke directly to any Midland Credit representatives. Midland Credit’s representatives acted
appropriately pursuant to applicable law.
Midland Credit’s representatives did not speak to [redacted] with raised
voices nor did they refer to [redacted] as a criminal. They also did not tell [redacted] that she or
[redacted] should go to jail.
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
October 21, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 2015. [redacted] has filed similar complaints through the Consumer Financial Protection Bureau (“CFPB”) and Office of the Attorney General, State of California (“AG”). A copy of Midland Credit’s responses to the AG and CFPB, in additional to Midland Credits previous response to the Revdex.com are enclosed. Please note, Midland Credit provided all of the account identifying information in its previous letter response to your office dated September 25, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] asserts that Midland Credit failed to respond to her written request for validation dated July 11, 2011. [redacted] also includes a copy of a written correspondence and a copy of a certified return receipt. As stated in its original response, Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, on May 25, 2012. This is nearly 11 months after the date of the letter [redacted] claims she sent requesting validation on this account. Additionally, nothing in [redacted]’s response to the Revdex.com shows that the letter and the return receipt were a part of the same package. There is also no way for Midland Credit to determine whether or not the return receipt belongs to any letter sent by [redacted] as there is no name associated with it.
To that end, Midland Credit is also the servicer of an additional account belonging to another individual with the same address and last name as [redacted] (account number [redacted]), which Midland Funding acquired, and Midland Credit began servicing on June 23, 2011. Midland Credit’s business records for that account show that Midland Credit received a certified letter from that individual on July 11, 2011, requesting validation and that they no longer be contacted regarding that account. It appears the return receipt which [redacted] has attached to her Revdex.com complaint was associated with this letter.
[redacted] also continues to assert that she has made several attempts and follow-up requests for validation, and that Midland Credit has also ignored these requests. A review of Midland Credit’s business records indicate that it received the first written request for validation from [redacted] on April 11, 2013. Due to the “Cease and Desist” request in [redacted]’s correspondence, Midland Credit was unable to respond at that time, and no additional correspondence has been received prior to [redacted]’s complaints. Following receipt of [redacted]’s first complaint through the Revdex.com, Midland Credit obtained verification information from the seller. A copy of the verification information is enclosed for [redacted]’s records. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If [redacted] is ready to resolve the above-referenced debt, her account remains assigned to Account Manager [redacted]. Please have [redacted] call [redacted] at ([redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted]’s previous request to no longer be contacted by Midland Credit, 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 [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated September 15, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 28, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 18, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 12, 2007. The balance at the time of purchase was $440.86. Final payment on the account was received on August 26, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that Midland Credit has not honored the payment to settle his account. Midland Credit received a payment of $264.51 on August 26, 2014, which was in accordance with the latest settlement offer for the account. The payment was automatically applied to the account, and a letter confirming receipt of the payment was sent to [redacted]. However, as [redacted] had not contacted Midland Credit directly to settle the account, the letter also advised him of the remaining balance on the account and encouraged him to contact Midland Credit to discuss the account further. Midland Credit has now updated [redacted]’s account to reflect the paid status, and apologizes for the administrative oversight that delayed the updating of the account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [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; font-family: 'Times New Roman', serif;">Thank you for your letter inquiry dated December 2, 2014, regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received the same day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer with a name similar to [redacted] During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third
party. In reliance on that information,
Midland Credit attempted to contact the consumer regarding the referenced
account.
Midland
Credit was notified that it was calling the wrong party on November 28, 2014. [redacted] phone number was marked “Do Not
Call” in Midland Credit’s computer system for the referenced account at that
time and no calls have been attempted since November 28, 2014. [redacted] will continue to not receive calls
from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number [redacted] has been added to an exclusion list to prevent it from being called in
the future regarding the referenced account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted] Thank you again for your assistance in this
matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
August 11, 2016
**n>
VIA E-Mail**n>
**n>
[redacted]n>
Revdex.com of San Diego**n>
5050 Murphy Canyon, Ste. 110**n>
San Diego, CA 92123**n>
**n>
Re: **n>Consumer complaint of [redacted]n>
Revdex.com# [redacted]n>
**n>MCM# [redacted]n>
**n>
Dear [redacted]n>
**n>
Thank you for your **n>follow-up **n>letter inquiry regarding **n>[redacted] complaint, which **n>Midland Credit Management, Inc. (“Midland Credit”) **n>received **n>August 1, 2016**n>. **n>Midland Credit appreciates the opportunity to answer your questions.**n>
**n>
While Midland Credit made the business decision to remove prior interest accrued on the account, [redacted] states that the interest charged was not in accordance with the maximum 6% interest rate allowable under Pennsylvania law. **n>Midland Credit respectfully maintains that it applied interest to the account in accordance with applicable state interest laws. **n>
**n>
[redacted] continues to express concern about how the account is appearing on her credit report, namely that she indicates that Midland Funding is listing itself as a ‘retail creditor,’ and also provides a copy of her credit report. **n>As stated in its previous responses, Midland Credit does not furnish information for accounts as a ‘retail creditor’ to the credit reporting agencies. **n>After reviewing the documentation provided by [redacted], the account is appearing on [redacted]’s credit report with a notation that indicates the Creditor Classification as a Retail account. **n>**n>
**n>
To clarify, Midland Funding has been advised and required by the credit reporting agencies to furnish such information, indicating the classification of the debt as it originated with the original creditor. **n>However, this information is to provide classification of the original debt, and not that Midland Funding or Midland Credit are retail creditors. **n>Midland Credit does not furnish information indicating that it is a retail creditor. **n>Midland Credit’s business records indicates that the account information it has furnished to the three major credit reporting agencies is accurate.**n>
**n>
With that said, **n>in keeping with its Consumer-First policy, Midland Credit **n>has **n>made the business decision to close the account. **n>There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. **n>In addition, the three credit-reporting agencies will be notified to delete Midland Funding’s reference to the collection account in question from **n>[redacted] consumer credit files.**n>
**n>
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. **n>Midland Credit apologizes for the inconvenience caused to [redacted].**n>
**n>
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.**n>
**n>
Sincerely, **n>
**n>
Midland Credit Management, Inc.**n>
[redacted]n>
Corporate Counsel, Legal Affairs & Compliance**n>
*Admitted in Colorado; Registered In-House Counsel in California**n>
**n>
[redacted]n>
Dear [redacted]
Roman">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
March 18, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
two accounts belonging to [redacted]. Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on August 28, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on May 18, 2008, as a [redacted]
account number ending in [redacted], in the name of [redacted], under the last four
of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on July 25, 2012. The balance at the
time of purchase was $457.73.
Midland Credit became the servicer of
account no. [redacted], on behalf of purchaser, Midland Funding on December 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on June 4, 2006, as a [redacted]
account number ending in [redacted],
in the name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on February
27, 2013. The balance
at the time of purchase was $202.89.
[redacted] expresses a concern that he agreed to pay
$274.63 to resolve account no. [redacted], and $121.73 to resolve account no.
[redacted], with each payment due on February 28, 2015, but that the payments
did not result in resolving the account balances and collection attempts
continued. A review of Midland Credit’s
business records indicates that [redacted] called on February 16, 2015 and reached
an agreement with a Midland Credit representative to resolve both account
balances. The conditions of the
agreement appear to indicate that payment was to be received by Midland Credit
by February 27, 2015. Separate and
unique letters for each account were sent to [redacted] on February 18, 2015
confirming the settlement agreement which was discussed over the phone with the
Midland Credit representative.
As indicated by [redacted], he mailed the payments to
Midland Credit on February 26, 2015. However, due to the time it takes for mail
to arrive and for the funds to be processed, the payments were not posted to
the accounts until March 3, 2015, which was after the agreed upon date. As the payment plan had been broken, upon
posting of his payments, letters were sent to [redacted] seeking to resolve
the remaining balances due.
With that said, in
keeping with its Consumer-First policy, Midland Credit has made the business decision to treat [redacted]’s payments as sufficient to consider
both account balances resolved. The
accounts will be updated to reflect a Paid status and an update will be sent to
the three credit-reporting agencies for each
account requesting the accounts each be reported as “Account paid in full, was a collection
account” with an additional memo “Account paid in full for less than the
full balance.” There will be no further
collection activity, credit reporting or sale of both
accounts.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Re: Consumer complaint of [redacted]
0.5in; mso-add-space: auto;">Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 16, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the two referenced accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on April 30, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 27, 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 March 11, 2014. The balance at the time of purchase was $3,961.72.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on April 30, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 7, 2008, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 26, 2014. The balance at the time of purchase was $2,590.87.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit mailed [redacted] separate and unique validation letters on May 14, 2014, for both account no. [redacted] and 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.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from [redacted] in response to the letters. Further review of Midland Credit’s business records indicates that it received the first notice of possible dispute from the credit reporting agencies for account no. [redacted] and [redacted] on or about June 26, 2015. Upon receipt of [redacted] complaint, Midland Credit acknowledged her dispute and annotated the accounts as disputed. Midland Credit has received verification information from the seller. A copy of the verification information provided by the seller is enclosed for [redacted] records.
[redacted] also expresses concern that the above-referenced accounts are reporting as an open account on her consumer credit files. As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that the accounts are being correctly reported. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
[redacted] states that these accounts were opened fraudulently and has filed police reports regarding the fraudulent accounts. Please note that no supporting documentation has been received supporting her claim. However, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (“CSS”) specialist, find the answers to frequently asked questions, and upload documents to support her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead.
[redacted] also states that she is in receipt of documents from [redacted] Please note that Midland Credit purchased the above referenced accounts from the seller with all rights. A review of Midland Credit’s business records indicates that this account has not been assigned out to another company to collect on its behalf. Please advise [redacted] to provide documentation supporting her concerns to CSS. [redacted] may send the appropriate documentation to the contact information on this letterhead or she may contact Midland Credit online at the website provided above. It is possible that [redacted] is being contacted by other collection agencies regarding other accounts.
Per [redacted] request for Midland Credit to stop attempting to collect the debts, the above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have received a letter from this company several days ago. They claim I owe over 5,000.00 to [redacted]. This claim is over 15 years old which I settled many years ago. By [redacted] law anything over 10 years old can no longer be pursued. . I have received phone calls from this company as well, my number of [redacted] is not listed and I have not given that number to anyone.
Desired Outcome: I wish to longer receive contact by mail or phone call from this company.
This a new complaint, I am getting phone calls from Midland Credit Management about a claim they believe is attached to me . I am very upset they have contacted me at my house since it is unlisted and I have never given out my home number ever.
Desired Outcome: I do not want them contacting me again. I believe this company acts in an unethical manner.
I have complained before about this company, I have complained about them calling me on a unlisted number I have never given out. Now they are calling me on a Sunday before 1pm which I know is not legal. I believe this company is highly unethical and is now harassing me, they call 6-10 times a day.
Desired Outcome: I wish no further contact from this company either by phone or letter or I will escalate this issue with the attorney general of my state.
Regards,[redacted]
July 23, 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 July 9, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 4, 2012 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 18, 2013. The balance at the time of purchase was $903.60.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit sent her a validation letter on October 6, 2014. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed. In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. These letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015. All of the letters sent to [redacted] were mailed to the same address listed in her complaint.
An additional copy of the verification information provided by the seller is enclosed. Please note that the verification information provided by the seller meets the requirements of the 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).
Based on the information provided by the seller, Midland Credit continues to assert 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 Texas Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. Please have her call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted] 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
September 14, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re:
pre"> Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 27, 2016. Midland Credit also received correspondence from [redacted] disputing the debt on July 27, 2016. This response serves to address [redacted] most recent inquiry as well. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 21, 2008, as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted]. The first delinquency occurred on September 30, 2012. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 29, 2013. The balance at the time of purchase was $453.19.
On October 5, 2013, 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 written correspondence disputing the debt from [redacted] on April 15, 2016, to which Midland Credit appropriately responded on April 25, 2016 with a letter advising that her dispute was being investiga[redacted]. Midland Credit received a subsequent dispute on June 17, 2016, which Midland Credit appropriately responded to on June 24, 2016. Midland Credit has since received a copy of the verification information provided by the seller, a copy of which is enclosed for Ms. Laing’s records. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
[redacted] indicates that she does not speak Spanish, but that she received two letters written solely in Spanish. A review of Midland Credit’s business records indicates that on October 8, 2013, a call was placed to the phone number, ending [redacted], listed in [redacted] complaint. As a result of the phone call, the Midland Credit representative marked the account to indicate that communications moving forward should be done in Spanish. Midland Credit was not made aware that [redacted] did not speak Spanish until it had a subsequent conversation with her on July 13, 2016. At that time, the Midland Credit representative appropriately updated the account. Midland Credit apologizes for any inconvenience in receiving communications in Spanish.
[redacted] expresses a concern that the representative with whom she spoke lied about his name. Please note, aliases are used for the convenience of consumers, providing a more easily pronounceable and memorable name to reference. Each representative uses only one alias. Further, all aliases are traceable back to the particular representative using them and are registered with State agencies when required.
[redacted] states that this is not her account. Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized.
[redacted] can contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead.
With that said, if [redacted] now recognizes this debt as due and owing, and if she is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at[redacted] to assist her in reaching a resolution of the account balance.
Per [redacted] in the July correspondence received, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
12pt">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 9, 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 20, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 14, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2011. The balance at the time of purchase was $1,421.35. Final payment on the account was received by Midland Credit on March 23, 2015. [redacted] has no further financial obligation for this account.
[redacted] writes that she sent $902.00 to [redacted], subsequently received an offer from Midland Credit to settle the balance for $631.17, and is awaiting a refund for the difference per a conversation she had with Midland Credit representative [redacted]. A review of Midland Credit’s business records indicates that [redacted] called Midland Credit on March 9, 2015 and spoke with Midland Credit representative [redacted]. The balance remaining on the account was $901.67, and [redacted] advised [redacted] that she had made a payment to the seller for $902.00 and requested a refund for the difference.
Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, Midland Credit has determined that no violation of company policy occurred. Midland Credit’s review of [redacted]’s conversation with [redacted] on March 9, 2015 indicates that [redacted] did not promise a refund. In fact, [redacted] reiterated to [redacted] that the balance owed at the time was $901.67. Additionally, at the time of the conversation with [redacted], Midland Credit had not yet received the funds from the seller.
[redacted] also subsequently called Midland Credit on March 23, 2015 and spoke with two representatives regarding her refund request; however, the funds had not yet been received from the seller at the time those conversations took place. For that reason, those representatives would not have been able to request a refund. Later that day, on March 23, 2015, Midland Credit received $902.00 from the seller and posted the funds to the account. However, because the balance owed was $901.67, and Midland Credit received $902.00, this left an overpayment in the amount of $0.33. Midland Credit started the process for a refund in the amount of $0.33.
While [redacted] states that she learned of the $631.17 settlement offer after making the $902.00 payment to the seller, in keeping with its Consumer-First policy, Midland Credit will honor the settlement offer, and will refund $270.83 to [redacted].
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
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 is the servicer of three accounts belonging to you.
Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on July 9, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 10, 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 9, 2008. The balance at the time of purchase was $5,784.03.
Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 6, 2008 as a [redacted]. account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 18, 2008. The balance at the time of purchase was $5,544.94.
Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, also on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 2, 2006 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $4,302.22.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced accounts, Midland Credit mailed [redacted] separate but unique validation letters – on July 15, 2010 for account [redacted], June 4, 2012 for account [redacted], and June 13, 2012 for account [redacted]. The letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates the first correspondence Midland Credit received from [redacted] disputing any debt was dated November 12, 2013, for account [redacted], which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
While the request was untimely, Midland Credit made the business decision to close the above-referenced accounts. A letter of deletion was mailed to [redacted] in regards to account [redacted] on November 29, 2013. There will be no further collection activity, credit reporting or sale of these accounts. In addition, the three credit-reporting agencies have been notified to delete all reference to the accounts in question from [redacted]’ consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]