Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry
regarding [redacted] [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
November 10, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] writes
that she and her husband, [redacted], have previously received phone calls for
an individual that does not live with them, and were told by Midland Credit
that they would not be contacted about the matter any further. [redacted] further writes that she recently
received a letter from Midland Credit addressed to her husband’s name, but has
not had any dealings with the creditor listed, or Midland Credit.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer with the same name as [redacted]. During a search for the correct consumer, the
[redacted] phone number and address were provided to Midland Credit
representatives by a third party. In
reliance on that information, Midland Credit attempted to contact the consumer
regarding the referenced account.
The[redacted] phone number has previously been marked “Do Not Call” in Midland
Credit’s computer system for the referenced account, and [redacted] address has been marked “Do Not Mail.” [redacted] will no longer receive calls or
correspondence from Midland Credit representatives regarding the referenced
account. Additionally, the [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]
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit is the servicer of six accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 18, 2007 as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 26, 2008. The balance at the time of purchase was $783.60.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 19, 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 December 30, 2009. The balance at the time of purchase was $674.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 30, 2005. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on August 28, 2001 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 3, 2002. The balance at the time of purchase was $513.07. Midland Credit made the business decision to close this account on September 29, 2014.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 30, 2005. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 1, 2001 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 6, 2002. The balance at the time of purchase was $733.48. Midland Credit made the business decision to close this account on September 29, 2014.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on July 10, 2007. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 22, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 30, 2007. The balance at the time of purchase was $702.64.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 8, 2008. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 26, 2004 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2005. The balance at the time of purchase was $1,005.87. Midland Credit made the business decision to close this account on September 29, 2014.
In her complaint, [redacted] indicates Midland Credit continues to report the referenced accounts past the seven-year Federal Reporting period (“FRP”). A review of Midland Credit’s business records indicates that the FRP for account no.’s [redacted] and [redacted] will not expire until February 2015 and September 2016, respectively.
For account no.’s [redacted], and [redacted], a review of Midland Credit’s business records indicates that the FRP expired in November 2008, December 2008, December 2013, and October 2011, respectively. Please note that expiration of the FRP does not extinguish the debts. Rather, it prevents the accounts from being reported to the credit reporting agencies. Upon the expiration of the FRP, the accounts remain collectible, due, and owing to Midland Credit. That being said, as referenced above, prior to receiving [redacted]’s complaint through your office, Midland Credit made the business decision to close account no.’s [redacted], and [redacted].
[redacted] also expresses a concern that Midland Credit has listed the accounts as current accounts on her consumer credit files. Midland Credit does not alter or modify any of the original accounts information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open dates being reported on these accounts reflect the “dates that the accounts were purchased by the debt buyer or placed/assigned to the third party collection agency.” The open dates listed on [redacted]’s credit report are in fact the dates of purchase by Midland Funding, LLC.
On September 26, 2014, Midland Credit received correspondence from [redacted]’s attorney requesting validation for account no. [redacted]. Upon receipt, Midland Credit acknowledged the dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt, which continues to be on-going. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to [redacted]’s attorney. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Lastly, if [redacted] finds any accounts other than account no.’s [redacted] and [redacted] on her consumer credit files, please have [redacted]’s attorney contact Consumer Support Services team at [redacted]
With that said, if [redacted] is ready to settle account no. [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
December 5, 2014 VIA E-Mail Ms. [redacted]Revdex.com of San Diego5050 Murphy Canyon, Ste. 110San Diego, CA 92123 Re: Consumer complaint of Ms. [redacted]...
[redacted]Revdex.com# [redacted] MCM# [redacted], [redacted], and [redacted] Dear Ms.[redacted]: Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 21, 2014. Midland Credit appreciates the opportunity to answer your questions. Ms. [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 is the servicer of three accounts belonging to Ms. [redacted] being reported to the credit reporting agencies. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 28, 2007, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 10, 2009. The balance at the time of purchase was $1,071.06. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 25, 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 March 6, 2009. The balance at the time of purchase was $1,098.50. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 27, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 11, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 2, 2009. The balance at the time of purchase was $1,020.44. Ms. [redacted] expresses a concern that she has not been provided with verification of the debts. Midland Credit mailed Ms. [redacted] separate and unique validation letters – on October 9, 2009, for account no. [redacted], on October 17, 2009, for account no. [redacted], and on July 12, 2009, for account no. [redacted]. These letters informed Ms. [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”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692. Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from Ms. [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first direct correspondence requesting validation from Ms. [redacted] on November 4, 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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debts. Ms. [redacted] also requests the date of last activity. A review of Midland Credit’s business records indicates that the last payments made on the accounts occurred for account nos. [redacted] and [redacted] on July 1, 2008, and for account no. [redacted] on July 2, 2008. The seven-year Federal Reporting period, which is calculated using the date of first delinquency, is not set to expire until August 2015 for each of the above-referenced accounts. Please note that this does not extinguish the debts, rather, it prevents the accounts from being reported to the credit reporting agencies. The accounts will still remain collectible, due and owing to Midland Credit. Midland Credit is accurately reporting the above-referenced accounts to the three major credit reporting agencies. Copies of the verification information provided by the respective sellers are enclosed for Ms. [redacted]’s records. When Ms. [redacted] is ready to settle these debts, she may qualify for a reduction in her account balances. Please have Ms. [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching resolutions that will be both beneficial to her, as well as settle the account balances. In the meantime, per Ms. [redacted]’s previous request, the accounts will remain marked “Direct Mail Only.” While they remain due and owing, Ms. [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service. Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [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], Esq.Corporate Counsel, Legal Affairs & Compliance*Admitted in Colorado; Registered In-House Counsel in California [redacted]
Enclosure
February 8, 2016
New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 29, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 4, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 1, 1994 as a[redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2008. The balance at the time of purchase was $7,876.13.
[redacted] expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
Per [redacted]’s request to only be contacted by mail, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] [redacted] may contact her at [redacted].
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
New Roman', serif;">Thank you for your letter inquiry dated February 24, 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.
A
review of Midland Credit’s business records indicates that [redacted] has
retained an attorney. Going forward, all communication about the matter should
be handled by his attorney. If [redacted] is no longer represented by an
attorney, please have him provide Midland Credit with written notice so it may
update its records and allow its representatives to communicate with him
directly.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter “Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on November 20, 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 March 20, 2009. The balance at the
time of purchase was $629.97.
A review of
Midland Credit’s business records indicates that shortly after Midland Funding
acquired the above-referenced account, on October 10, 2009, Midland Credit
mailed [redacted] a validation letter, which informed him that Midland Funding
had acquired the account, and of his rights pursuant to the Fair Debt
Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable”
– satisfying the requirements set forth within the FDCPA.
Midland Credit’s
business records indicate that it did not receive any correspondence disputing
the debt or requesting validation from [redacted] in response to the
letter. In fact, no correspondence was
received from [redacted] prior to the complaint filed through your office,
which cannot be considered timely.
The FDCPA
specifically states that, unless a consumer provides a debt collector with
notice of such a dispute within 30 days of receiving the initial validation
letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A copy of the verification information provided by the seller is
enclosed for [redacted]’s records.
With that said,
[redacted] questions whether the above-referenced account may be reported on
his consumer credit files, due to an order issued by the Federal Trade
Commission (“FTC”), which he states applies to the credit reporting of the
above-referenced account.
After reviewing
both the account information, as well as a copy of FTC order
1:08-CV-1976-BBM-RGV, please note that while the FTC may have issued an order
against the [redacted] and [redacted]
providing restitution payments to certain defined consumers, it does not render
all accounts ever issued by [redacted] invalid or
unenforceable. Part II of the FTC order
provides that only affected accounts in which the restitution payments were
greater than the balance due were to be removed from a consumer’s credit files. Accounts in which a balance remained after an
adjustment for restitution payments were allowed to be updated in the
consumer’s credit files under the FTC order.
Please note that
Midland Credit does stand ready to assist [redacted] in clearing his record if
his account was specifically affected, and requests that he provide any
documentation or evidence supporting the position that his specific account
should be rendered invalid, such as proof indicating that [redacted] received
restitution payments greater than the balance owed at the time. [redacted] may forward the appropriate
documentation to Consumer Support Services at the address on this
letterhead. Until it receives such
documentation substantiating [redacted]’s claim, based on the information available
to it, the information provided by the issuer, Midland Credit must respectfully
conclude that it was accurately reporting the account to the three major credit
reporting agencies as required prior to receiving notice of a bankruptcy filing
by [redacted]. Midland Credit is not
currently reporting [redacted]’s 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 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
December 7, 2015
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 November 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 23, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 1, 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 September 7, 2015. The balance at the time of purchase was $1,652.24.
[redacted] expresses a concern that she has been receiving repeated calls from Midland Credit representatives. She states she received multiple calls back the same day after she had hung up on the Midland Credit representative. She also states that the representative she spoke with did not ask for identifying information before disclosing account information. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Midland Credit has conducted its investigation regarding the alleged conduct of its employees, and has handled it appropriately.
With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity or sale of this account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 11, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] states that he has been receiving calls from Midland Credit for someone who does not live at his address or use his phone number. He also expresses a concern that calls continued after notifying Midland Credit’s Chief Compliance Officer that the number did not belong to the intended party.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted]’s 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.
Please note that Midland Credit requires a reasonable amount of time to process concerns and for its system to then be updated. Midland Credit’s Chief Compliance Office received [redacted]’s email on January 3, 2015 as indicated in his complaint, and processed by Midland Credit representatives on January 6, 2015.
The phone number where calls were placed by Midland Credit, [redacted], was marked “Do Not Call” in Midland Credit’s computer system for the referenced account upon processing of the email notification. Midland Credit’s business records indicate no calls were made after January 6, 2015, and [redacted] will continue to no longer receive calls from Midland Credit representatives regarding the referenced account. Both of the numbers provided by [redacted] in the submission to your office have been added to an exclusion list to prevent them 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]
Dear [redacted]
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] 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 December 30, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 12, 2007 as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt on August 31, 2010. The balance at the time of purchase was $995.79. [redacted] expresses a concern that his validation requests have been ignored. On January 17, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it has received notifications from the credit reporting agencies starting on or about May 8, 2014 notifying it of possible disputes, no correspondence was received directly from [redacted] prior to his complaint to the CFPB, 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.
Responding to the notifications of possible dispute received from the credit reporting agencies, Midland Credit verified the account information being reported, and mailed [redacted] correspondence containing the appropriate account information and requesting he contact it to resolve his dispute. Prior to his complaints, [redacted] had not contacted Midland Credit directly.
[redacted] also writes that when he contacted the original creditor, the representative advised him that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also expresses concern that his account is too old to continue reporting. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account does not expire until February 2017. However, the expiration of the Federal Reporting period does not extinguish the debt. Rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit.
Please note that in its response to the CFPB, due to administrative oversight, Midland Credit listed February 2015 as the expiration of the Federal Reporting period. In fact, February 2015 is the expiration of the Statute of Limitations. The February 2017 expiration date of the Federal Reporting period is based on the first date of delinquency, which occurred on or about February 2, 2010. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud as he has indicated. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
0in 0pt" class="MsoNormal">
Thank you for your letter inquiry dated November 6, 2014, regarding Ms. [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.
Ms. [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 September 8, 2009. Information provided by the seller, [redacted], LLC, at the time of acquisition indicates this account was originated on November 15, 2005, as a [redacted] VISA card account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 28, 2009. The balance at the time of purchase was $255.67.
Ms. [redacted] expresses a concern in regard to the validity of the debt. On December 5, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Ms. [redacted] 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 Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Ms. [redacted] on September 12, 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 Ms. [redacted] and collect the debt.
Ms. [redacted] also questions whether the above-referenced account may be reported on her consumer credit files, due to an order issued by the Federal Trade Commission (“FTC”), which Ms. [redacted] states applies to the credit reporting of the above-referenced account.
After reviewing both the account information, as well as a copy of FTC order [redacted], please note that while the FTC may have issued an order against the [redacted] and [redacted], LLC providing restitution payments to certain defined consumers, it does not render all accounts ever issued by [redacted] invalid or unenforceable. Part II of the FTC order provides that only affected accounts in which the restitution payments were greater than the balance due were to be removed from a consumer’s credit files. Accounts in which a balance remained after an adjustment for restitution payments, the consumer’s credit files were allowed to be updated under the FTC order.
Prior to receiving Ms. [redacted]’s complaint, Midland Credit received additional correspondence from Ms. [redacted] disputing the debt. Although her request was not timely, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from your consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your follow-up
letter
inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 23, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] expresses a concern that Midland Credit has not verified the debt and
ignored his requests to do so. On
January 7, 2012, 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 direct correspondence
requesting validation from [redacted] on February 4, 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.
Although
the February 4, 2015 request was not timely, verification information provided
by the seller was mailed to [redacted] in response to his dispute on February 18,
2015. Another copy of the verification
information provided by the seller is enclosed.
[redacted] also questions whether the account is collectible due to the expiration of
the statute of limitations. A review of
Midland Credit’s business records indicates that the statute of limitations
expired on November 2, 2014. However,
please note that the passing of the statute of limitations does not extinguish
the validity of the debt. Rather, it
eliminates litigation as a potential remedy.
Similar
to the statute of limitations, the expiration of the seven-year Federal
Reporting period also does not extinguish the debt. It only prevents the
account from being reported to the credit reporting agencies. A review of
Midland Credit’s business records indicates that the seven-year Federal
Reporting period for the above-referenced account does not expire until
November 2015.
[redacted] also expresses a concern regarding a revolving 24-month credit history and
the December 2011 opening date reported for the account. In updates to the credit reporting agencies
Midland Credit only advises of the current balance due for the account. Additionally, in accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date being reported on this account reflects the “date that the account
was purchased by the debt buyer or placed/assigned to the third party
collection agency.”
As
indicated previously, [redacted] is encouraged to communicate directly with the
credit bureaus should he have any further concerns about the nomenclature that Midland
Credit is compelled to use in credit bureau reporting, or in the manner in
which information is presented. In
addition, 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.
If
[redacted] is ready to resolve this debt, he still may qualify for a reduction in
his account balance. Please have Mr.
[redacted] call Midland Credit Account Manager [redacted] at [redacted] to help resolve this account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland chose to only answer a couple of questions asked and did not submit the evidence required. They also are being deceitful to the Revdex.com. They say I never sent anything to them for validation and have only had correspondence from me with you, but they have on my credit reports that I disputed the account and one says it's in the dispute process. They haven't validated anything but what was convenient for them.
They haven't showed any of the original account information or the contract with my original signature. They didn't show the agreement with my signature showing they could add interest or how it has been calculated. They were asked to show proof that they verified that they could even collect the debt. Doesn't Midland have to check everything and make sure everything is 100% right before they put inaccurate information on credit reports? They keep shifting the blame. First it was my fault because they said I didn't know what a charge off is and now they are saying it's the reporting agencies fault how things are reported. I called the CRA'S and it's up to Midland to report thier information correctly or it has to be removed. The CRA'S only report what information they are given. It's not their job to try and collect or make accounts. They just report what they are given. It's not the CRA'S fault that Midland is reporting incorrectly. I also mentioned how now that Midland has noticed activity they are adding more interest which they haven't done in years.
They are trying to bully me and only use what's convenient for them. There is no proof I ever had an account with [redacted] so they can't collect what doesn't exist. They didn't even get the information from [redacted] it was from some other company. They haven't been able to show the account is mine all they showed it what they bought from some other company. No one can verify any off this is mine. They were asked to show proof of the original contract, my signature, proof of the charges and how everything was calculated. They were asked to show all of the account history and how they came up with the $693 original balance and how it went to 930 now it's 932 I believe. If they own the account they should have all this information. They were asked to show how when and for how much the last payment was for. They ignored all this. They are reporting different dates and information and that's their responsibility not the CRA'S like they are alluding to. One one account they have an open account 120 days past due. I don't have any payment plan with them, the debt isn't even mine. Then they want me to send them my private information to them. They know they are reporting under two different names. How can they not know what THEY are reporting. That shows nothing is verifiable and they are an irresponsible company.
They are just putting what they want, wear ever they want and how they want with no reguards to what is true or not. They are just trying to get money and I don't owe it. They were asked to show proof of a number of things. They ignored the request and all they could show was they bought a debt from another party not even the original creditor they list. If they own the account they should have all the information that came with it. They are taking advantage of me and keep shifting responsibility They say they sent a letter and that's all they are required to do. They can't prove they sent the letter and to show how deceitful they are being they have never sent me anything. If I didn't check my report I wouldn't even know about this and now they are adding more interest. If they can't show the original contract with my original signature the payment history the dates what the balance was and how it got to $693 then to $932 how can they damage my credit reports with no way to prove it. I noted some of my private life to show there is no way the account can be mine and their answer was to say I'm a hardship case and they won't contact me. That isn't even close to being relevant to the private information I gave. The point was there is no way the account can be mine and that if they have all this proof (wich they didn't give) then maybe they should consider it could of been a fraudulent account.
They are just doing whatever they want because I'm the little guy in this. That's why I enlisted the Revdex.com help with the matter. What do I need to do to get this completely removed from my credit reports. I'm starting to believe that I am being targeted for being Disabled and a Veteran. As soon as I let that little bit of private information out to show my side and how it's impossible the account is mine I get hit with more interest and remarks and they won't show anything asked to verify this account.
What really bothers me about all this is that I don't owe them anything. I wouldn't go through all this and have it effect me and even aggravate part of my huge disabilities more.
I just want this settled. I figured Midland would be professional about this going through the Revdex.com but they just keep shifting responsibility and they can't show the paperwork to back it up. They pick what answers they want to or can answer and ignore all the important things. All they showed was a bill of sale from a company other than the original creditor they have listed. They didn't even show how they verified the information they got and was 100% sure they could try and collect from me.
If they own the account they should have all the information and be able to show it. I mentioned the statue of limitations because they have different dates under the same account number. Then they insinuate that I'm just trying to have it removed from my reports. I'm fully aware that if it was my debt it would still be owed and if I owed it, it would of been taken care of already.
I don't want to be a pain and I know this takes up people's time but I don't owe this debt in any way shape or form and because of Midlands actions and/or lack there of it's been a nightmare. I think Midland needs to show all the documentation asked for and prove I owe this. They know I don't owe this and that they can't prove it so they try to hide behind that they sent a letter that they can't prove they sent and say because of that I owe a debt.
I just want this resolved and completely taken off my credit reports. It's not right that I have to deal with this issue it should have never been put on my reports period. If Midland are professionals they need to provide all the requested documentation and show what they claim.
Midland said in both thier replies that they take consumer complaints and rights very seriously but they won't even provide the necessary paperwork to prove their claim against me. They don't even care if the account could even be fraudulent. I feel Midland has no proof and can't verify everything asked for and they are trying to bully me. They are adding stuff to the accounts and they are putting remarks on my reports. I feel they are trying to punish me for enlisting your help by adding things and all of a sudden adding of interest since I contacted the Revdex.com. It's like they know they are wrong and are trying to bully me into paying before they get exposed and have to remove their inaccurate reporting. I'm not liable for this and if they think they are 100% correct they should prove it in every way. Why didn't they with thier response? There has to be a reason. They decided to pick what they wanted to answer and all it was, was a bill of sale. Like I've said many times if they own the account they should have all that information and be able to show why they believe what they do. I mean all their merit is behind a letter they can't prove they even sent. I guarantee you that if I would have gotten any letter we wouldn't be going through all this now.
I just want this handled and removed off my reports completely. Midland needs to also consider this could be a fraudulent account and like I've said if they own it they should have all the requested documents and information to prove what they say.
I would think that Midland would want to provide all the information requested to clear them and prove they are a reputable company and not taking advantage of me and others as well. I really want this to be handled properly and it will show I don't owe this money. It's not my account.
So I again request that Midland remove the account off all my reports and state it won't return all in writing.
I thank everyone for their time and Thank You for taking the time out of your day to read this.
I'm looking forward to hearing from you and getting all this resolved.
Regards,
[redacted]
February 26, 2016
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers with the same name as [redacted] During a search for the correct consumers, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally,[redacted] phone number, [redacted], has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have proof from me [redacted] credit report that I received from [redacted] on 1/16/2015. It shows Midland Credit opened account on 12/2011 with revolving 24 month credit history. I have provided screenshots from my 3in1 [redacted] credit report that also shows [redacted] and [redacted].
Also Midland funding has never verified the debt and has ignored my letters to verify. This debt has ran the statue of limitations of [redacted] state.
For some reason I am getting an error when I attach the screenshot, Please tell me how I can get them uploaded.
Regards,
[redacted]
October 24, 2014
Roman';">?
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
?
Dear [redacted]
?
Thank you for your letter inquiry dated October 10, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
?
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
?
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 8, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 24, 2007 as a [redacted] general consumer loan account number ending in [redacted] in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 17, 2009. The balance at the time of purchase was $10,059.86. The balance due as of October 24, 2014, including interest accrued, is $21,686.74.
?
While not the only item of concern identified within [redacted]’ complaint, he requests validation of the debt. On November 12, 2010, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and informed him 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 via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
?
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from him prior to his complaint, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. 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 questions the alleged conduct of certain Midland Credit employees. Please note that Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, a review of Midland Credit’s business records indicate that it has never received any calls from [redacted] in regards to the above-referenced account. Midland Credit respectfully requests that he provides additional information in reference to the call mentioned, such as the date and time in which the call took place, and the names of the representatives with whom he spoke in order to locate the call. Once the call is located, the alleged conduct described by him will be investigated. If 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.
?
Lastly, [redacted] writes that neither he nor his wife had ever opened an account with [redacted]. Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provides a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, he should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, per his previous request, the above-referenced will remain marked as “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
February 8, 2016
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 January 29, 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 July 18, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 14, 2006, as a [redacted]. credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 14, 2011. The balance at the time of purchase was $3,042.11.
[redacted] expresses a concern that this debt is invalid. On September 6, 2013, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the [redacted]’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
[redacted] is requesting that that Midland Credit remove its reference to this account from his consumer credit files. 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.
Per [redacted]’s concerns that he is being harassed by Midland Credit, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
11pt; font-family: 'Times New Roman', serif;">Thank you for your letter inquiry dated February 24, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] filed a
similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the
complaint from your office would be the same as the response which Midland
Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland
Credit’s earlier response, a review of Midland Credit’s business records
indicates that [redacted] has retained an attorney. Going forward, all
communication about the matter should be handled by [redacted]’s
attorney. If [redacted] is no longer represented by an attorney, please have
him provide Midland Credit with written notice so it may update its records and
allow its representatives to communicate with [redacted] directly.
An investigation of
this matter indicates that Midland Credit is the servicer of two accounts
belonging to [redacted]. Midland Credit
became the servicer of account no. [redacted] on behalf of purchaser, Midland
Funding, LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the
time of acquisition indicates this account was originated on December 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 April 14, 2009.
The balance at the time of purchase was $1,062.83.
Midland Credit became
the servicer of account no. [redacted] on behalf of purchaser, Midland Funding,
on April 15, 2011. Information provided
by the seller, [redacted] at the time of acquisition indicates this account was originated
on March 30, 2008 as a [redacted] account number ending in [redacted], in the name of
[redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on April 2, 2009.
The balance at the time of purchase was $1,671.41.
[redacted] expresses concern
that his validation requests have been ignored.
A review of Midland Credit’s business records indicates that after
Midland Funding acquired the above-referenced accounts, Midland Credit mailed
[redacted] separate but unique validation letters – on October 10, 2009 for
account no. [redacted], and May 28, 2011 for account no. [redacted]. Please note that the letters were not
returned as “undeliverable” by the United States Postal Service – thus the
notification requirements of the Fair Debt Collection Practices Act
(hereinafter “FDCPA”) were satisfied.
In each letter,
Midland Credit informed [redacted] that Midland Funding had acquired the
accounts, and provided the required disclosure of rights set forth in the FDCPA
(15 U.S.C. § 1692). Midland Credit’s business records indicate it
did not receive any correspondence from [redacted] in response to the letters.
The FDCPA specifically
states that, unless a consumer provides a debt collector with notice of such a
dispute within 30 days of receiving the initial validation letter, “the debt
will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debts.
A review of Midland
Credit’s business records indicates that it received the first correspondence
from [redacted] on December 2, 2013.
Based on the information [redacted] provided and pursuant to the [redacted]
Finance Code, Midland Credit responded by sending [redacted] a letter for each
account, advising him Midland Credit had determined that its credit file and
credit reporting of the accounts were accurate.
In addition, although his request was untimely, a copy of the verification
information provided by the seller for account [redacted] was mailed to [redacted] on December 19, 2013. Another
copy is enclosed for [redacted]’s records.
Midland Credit has again
determined that its credit file and credit reporting of the above-referenced
accounts is accurate. Midland Credit
will be closing its investigation of [redacted]’s dispute and will be resuming
regular collection activities as allowed by the [redacted] Finance Code and/or the
Fair Credit Reporting Act.
When [redacted] is
ready to settle the above-referenced debts, [redacted] may qualify for a
reduction in his account balances. In
the meantime, per [redacted]’s previous request, the above-referenced accounts
will remain coded “Do Not Call, Mail Only.”
[redacted] will continue to not receive calls from Midland Credit
representatives.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear Ms. Dyer:
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. Please note, the October 2, 2014 response to the CFPB only referenced one of the above-referenced accounts as [redacted]’s CFPB complaint indicated a singular [redacted] debt. The only unpaid account belonging to him and being serviced by Midland Credit which originated with [redacted] is account no. [redacted]. Account no. [redacted] is also a [redacted] account, but was settled in 2012. Account no. [redacted] is a [redacted] account, which also was settled in 2012, but the creditor was not mentioned in either complaint.
With that said, as [redacted] references certified mail sent to Midland Credit in August of 2014, a review of the correspondence indicates he was disputing each of the above-referenced debts. Accordingly, this response will address the concerns he has regarding all three accounts.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 25, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 28, 2007 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 3, 2009. The balance at the time of purchase was $374.12. Final payment on the account was received on May 15, 2012. You have no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on March 18, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 26, 2007 as a [redacted] credit card account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 18, 2009. The balance at the time of purchase was $626.13.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on January 25, 2012. Information provided by the seller, [redacted] Inc., at the time of acquisition indicates this account was originated on November 27, 2007 as a [redacted] general consumer loan account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 31, 2009. The balance at the time of purchase was $1,602.75. Final payment on the account was received on May 9, 2012. You have no further financial obligation for this account.
[redacted] expresses a concern that his validation requests have been ignored. Midland Credit mailed [redacted] separate and unique validation letters – on December 2, 2009 for account no. [redacted], on April 1, 2010 for account no. [redacted], and on February 9, 2012 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. Due to administrative oversight, the response to the CFPB indicated the first correspondence requesting validation was received September 5, 2014 by Midland Credit. However, further review of Midland Credit’s business records indicates that the first correspondence requesting validation from [redacted] was received August 15, 2014 via certified mail, which still cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] writes that when he contacted [redacted], the representative advised him that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
In his August 15, 2014 correspondence [redacted] also writes that the [redacted] had deleted their tradeline and provided a letter from the original creditor to that effect. [redacted] appears to have decided to delete its tradeline when it sold the account. Whether or not the original creditor is reporting the account, the account remains valid, due and owing.
In addition to the certified mail Midland Credit received on August 15, 2014, and September 5, 2014, Midland Credit also received several notices of possible dispute from the credit reporting agencies regarding the above-referenced accounts. As [redacted]’s concerns were substantively the same in each instance of dispute, Midland Credit responded with similar responses for the two paid accounts (nos. [redacted] and [redacted]). Individual letters were mailed to him on August 29, 2014, advising that each account was being reported accurately and that he had no further financial obligation to either of them.
As account no. [redacted] has yet to be settled, letters advising [redacted] that Midland Credit denied any inaccurate reporting and needed additional documentation to investigate his concerns were mailed on August 29, 2014, and on September 12, 2014. To date, no supporting documentation has been received for this account. A review of Midland Credit’s business records indicates that it is accurately reporting all three of the above-referenced accounts to the three major credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of a police report showing that he reported the fraudulent activity. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
If [redacted] is ready to settle account no. [redacted], he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance. [redacted] continues to have no further financial obligation for account nos. [redacted] and [redacted].
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
March 11, 2015
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on February 11, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 22, 2011. The balance at the time of purchase was $794.84. Final payment on the account was received on October 25, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that he is not sure if Midland Credit is a legitimate company, and that when he contacted the original creditor for the above-referenced account, the representative advised him that Midland Credit did not handle collections for it. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also references paying toward a [redacted] account in 2012, but then stopped due to his concerns. A review of Midland Credit’s business records indicates that [redacted] contacted Midland Credit on June 3, 2013, to set up a payment plan to resolve the balance. Final payment on the account was received on October 25, 2013, and [redacted] has no further financial obligation for this account.
[redacted] also states that he recently received a letter regarding a [redacted] account of which he does not have any knowledge. An investigation of the matter indicates Midland Credit is the servicer of a different account belonging to another consumer with the same name as [redacted]’s. During a search for the correct consumer, [redacted]’s address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted]’s address has been marked “Do Not Mail” in Midland Credit’s computer system for the [redacted] account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted]7 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
IMPORTANT: This is company conducts scams. They apparently purchased a fraudulent debt from Capital One and attempted to collect it from me. The account they were trying to collect was fraudulent and I had already dealt with it with Capital One a year before Midland contacted me. It is unclear why they would attempt to collect a debt that didn't exist. Despite addressing this issue with Midland and them graciously informing me that they have excused me from this non-existent debt, they still occasionally contact me. AVOID AT ALL COSTS.
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry
regarding [redacted] [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
November 10, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] writes
that she and her husband, [redacted], have previously received phone calls for
an individual that does not live with them, and were told by Midland Credit
that they would not be contacted about the matter any further. [redacted] further writes that she recently
received a letter from Midland Credit addressed to her husband’s name, but has
not had any dealings with the creditor listed, or Midland Credit.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer with the same name as [redacted]. During a search for the correct consumer, the
[redacted] phone number and address were provided to Midland Credit
representatives by a third party. In
reliance on that information, Midland Credit attempted to contact the consumer
regarding the referenced account.
The[redacted] phone number has previously been marked “Do Not Call” in Midland
Credit’s computer system for the referenced account, and [redacted] address has been marked “Do Not Mail.” [redacted] will no longer receive calls or
correspondence from Midland Credit representatives regarding the referenced
account. Additionally, the [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]
October 16, 2014
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit is the servicer of six accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 18, 2007 as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 26, 2008. The balance at the time of purchase was $783.60.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 19, 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 December 30, 2009. The balance at the time of purchase was $674.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 30, 2005. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on August 28, 2001 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 3, 2002. The balance at the time of purchase was $513.07. Midland Credit made the business decision to close this account on September 29, 2014.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 30, 2005. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 1, 2001 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 6, 2002. The balance at the time of purchase was $733.48. Midland Credit made the business decision to close this account on September 29, 2014.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on July 10, 2007. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 22, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 30, 2007. The balance at the time of purchase was $702.64.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 8, 2008. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 26, 2004 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2005. The balance at the time of purchase was $1,005.87. Midland Credit made the business decision to close this account on September 29, 2014.
In her complaint, [redacted] indicates Midland Credit continues to report the referenced accounts past the seven-year Federal Reporting period (“FRP”). A review of Midland Credit’s business records indicates that the FRP for account no.’s [redacted] and [redacted] will not expire until February 2015 and September 2016, respectively.
For account no.’s [redacted], and [redacted], a review of Midland Credit’s business records indicates that the FRP expired in November 2008, December 2008, December 2013, and October 2011, respectively. Please note that expiration of the FRP does not extinguish the debts. Rather, it prevents the accounts from being reported to the credit reporting agencies. Upon the expiration of the FRP, the accounts remain collectible, due, and owing to Midland Credit. That being said, as referenced above, prior to receiving [redacted]’s complaint through your office, Midland Credit made the business decision to close account no.’s [redacted], and [redacted].
[redacted] also expresses a concern that Midland Credit has listed the accounts as current accounts on her consumer credit files. Midland Credit does not alter or modify any of the original accounts information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open dates being reported on these accounts reflect the “dates that the accounts were purchased by the debt buyer or placed/assigned to the third party collection agency.” The open dates listed on [redacted]’s credit report are in fact the dates of purchase by Midland Funding, LLC.
On September 26, 2014, Midland Credit received correspondence from [redacted]’s attorney requesting validation for account no. [redacted]. Upon receipt, Midland Credit acknowledged the dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt, which continues to be on-going. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to [redacted]’s attorney. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Lastly, if [redacted] finds any accounts other than account no.’s [redacted] and [redacted] on her consumer credit files, please have [redacted]’s attorney contact Consumer Support Services team at [redacted]
With that said, if [redacted] is ready to settle account no. [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
December 5, 2014 VIA E-Mail Ms. [redacted]Revdex.com of San Diego5050 Murphy Canyon, Ste. 110San Diego, CA 92123 Re: Consumer complaint of Ms. [redacted]...
[redacted]Revdex.com# [redacted] MCM# [redacted], [redacted], and [redacted] Dear Ms.[redacted]: Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 21, 2014. Midland Credit appreciates the opportunity to answer your questions. Ms. [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 is the servicer of three accounts belonging to Ms. [redacted] being reported to the credit reporting agencies. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 28, 2007, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 10, 2009. The balance at the time of purchase was $1,071.06. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 25, 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 March 6, 2009. The balance at the time of purchase was $1,098.50. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 27, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 11, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 2, 2009. The balance at the time of purchase was $1,020.44. Ms. [redacted] expresses a concern that she has not been provided with verification of the debts. Midland Credit mailed Ms. [redacted] separate and unique validation letters – on October 9, 2009, for account no. [redacted], on October 17, 2009, for account no. [redacted], and on July 12, 2009, for account no. [redacted]. These letters informed Ms. [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”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692. Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from Ms. [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first direct correspondence requesting validation from Ms. [redacted] on November 4, 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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debts. Ms. [redacted] also requests the date of last activity. A review of Midland Credit’s business records indicates that the last payments made on the accounts occurred for account nos. [redacted] and [redacted] on July 1, 2008, and for account no. [redacted] on July 2, 2008. The seven-year Federal Reporting period, which is calculated using the date of first delinquency, is not set to expire until August 2015 for each of the above-referenced accounts. Please note that this does not extinguish the debts, rather, it prevents the accounts from being reported to the credit reporting agencies. The accounts will still remain collectible, due and owing to Midland Credit. Midland Credit is accurately reporting the above-referenced accounts to the three major credit reporting agencies. Copies of the verification information provided by the respective sellers are enclosed for Ms. [redacted]’s records. When Ms. [redacted] is ready to settle these debts, she may qualify for a reduction in her account balances. Please have Ms. [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching resolutions that will be both beneficial to her, as well as settle the account balances. In the meantime, per Ms. [redacted]’s previous request, the accounts will remain marked “Direct Mail Only.” While they remain due and owing, Ms. [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service. Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [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], Esq.Corporate Counsel, Legal Affairs & Compliance*Admitted in Colorado; Registered In-House Counsel in California [redacted]
Enclosure
February 8, 2016
New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 29, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 4, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 1, 1994 as a[redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2008. The balance at the time of purchase was $7,876.13.
[redacted] expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
Per [redacted]’s request to only be contacted by mail, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] [redacted] may contact her at [redacted].
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
New Roman', serif;">Thank you for your letter inquiry dated February 24, 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.
A
review of Midland Credit’s business records indicates that [redacted] has
retained an attorney. Going forward, all communication about the matter should
be handled by his attorney. If [redacted] is no longer represented by an
attorney, please have him provide Midland Credit with written notice so it may
update its records and allow its representatives to communicate with him
directly.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter “Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on November 20, 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 March 20, 2009. The balance at the
time of purchase was $629.97.
A review of
Midland Credit’s business records indicates that shortly after Midland Funding
acquired the above-referenced account, on October 10, 2009, Midland Credit
mailed [redacted] a validation letter, which informed him that Midland Funding
had acquired the account, and of his rights pursuant to the Fair Debt
Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable”
– satisfying the requirements set forth within the FDCPA.
Midland Credit’s
business records indicate that it did not receive any correspondence disputing
the debt or requesting validation from [redacted] in response to the
letter. In fact, no correspondence was
received from [redacted] prior to the complaint filed through your office,
which cannot be considered timely.
The FDCPA
specifically states that, unless a consumer provides a debt collector with
notice of such a dispute within 30 days of receiving the initial validation
letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A copy of the verification information provided by the seller is
enclosed for [redacted]’s records.
With that said,
[redacted] questions whether the above-referenced account may be reported on
his consumer credit files, due to an order issued by the Federal Trade
Commission (“FTC”), which he states applies to the credit reporting of the
above-referenced account.
After reviewing
both the account information, as well as a copy of FTC order
1:08-CV-1976-BBM-RGV, please note that while the FTC may have issued an order
against the [redacted] and [redacted]
providing restitution payments to certain defined consumers, it does not render
all accounts ever issued by [redacted] invalid or
unenforceable. Part II of the FTC order
provides that only affected accounts in which the restitution payments were
greater than the balance due were to be removed from a consumer’s credit files. Accounts in which a balance remained after an
adjustment for restitution payments were allowed to be updated in the
consumer’s credit files under the FTC order.
Please note that
Midland Credit does stand ready to assist [redacted] in clearing his record if
his account was specifically affected, and requests that he provide any
documentation or evidence supporting the position that his specific account
should be rendered invalid, such as proof indicating that [redacted] received
restitution payments greater than the balance owed at the time. [redacted] may forward the appropriate
documentation to Consumer Support Services at the address on this
letterhead. Until it receives such
documentation substantiating [redacted]’s claim, based on the information available
to it, the information provided by the issuer, Midland Credit must respectfully
conclude that it was accurately reporting the account to the three major credit
reporting agencies as required prior to receiving notice of a bankruptcy filing
by [redacted]. Midland Credit is not
currently reporting [redacted]’s 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 our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
December 7, 2015
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 November 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 23, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 1, 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 September 7, 2015. The balance at the time of purchase was $1,652.24.
[redacted] expresses a concern that she has been receiving repeated calls from Midland Credit representatives. She states she received multiple calls back the same day after she had hung up on the Midland Credit representative. She also states that the representative she spoke with did not ask for identifying information before disclosing account information. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Midland Credit has conducted its investigation regarding the alleged conduct of its employees, and has handled it appropriately.
With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity or sale of this account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 11, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] states that he has been receiving calls from Midland Credit for someone who does not live at his address or use his phone number. He also expresses a concern that calls continued after notifying Midland Credit’s Chief Compliance Officer that the number did not belong to the intended party.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted]’s 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.
Please note that Midland Credit requires a reasonable amount of time to process concerns and for its system to then be updated. Midland Credit’s Chief Compliance Office received [redacted]’s email on January 3, 2015 as indicated in his complaint, and processed by Midland Credit representatives on January 6, 2015.
The phone number where calls were placed by Midland Credit, [redacted], was marked “Do Not Call” in Midland Credit’s computer system for the referenced account upon processing of the email notification. Midland Credit’s business records indicate no calls were made after January 6, 2015, and [redacted] will continue to no longer receive calls from Midland Credit representatives regarding the referenced account. Both of the numbers provided by [redacted] in the submission to your office have been added to an exclusion list to prevent them 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]
Dear [redacted]
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] 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 December 30, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 12, 2007 as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt on August 31, 2010. The balance at the time of purchase was $995.79. [redacted] expresses a concern that his validation requests have been ignored. On January 17, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it has received notifications from the credit reporting agencies starting on or about May 8, 2014 notifying it of possible disputes, no correspondence was received directly from [redacted] prior to his complaint to the CFPB, 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.
Responding to the notifications of possible dispute received from the credit reporting agencies, Midland Credit verified the account information being reported, and mailed [redacted] correspondence containing the appropriate account information and requesting he contact it to resolve his dispute. Prior to his complaints, [redacted] had not contacted Midland Credit directly.
[redacted] also writes that when he contacted the original creditor, the representative advised him that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also expresses concern that his account is too old to continue reporting. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account does not expire until February 2017. However, the expiration of the Federal Reporting period does not extinguish the debt. Rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit.
Please note that in its response to the CFPB, due to administrative oversight, Midland Credit listed February 2015 as the expiration of the Federal Reporting period. In fact, February 2015 is the expiration of the Statute of Limitations. The February 2017 expiration date of the Federal Reporting period is based on the first date of delinquency, which occurred on or about February 2, 2010. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud as he has indicated. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
0in 0pt" class="MsoNormal">
Thank you for your letter inquiry dated November 6, 2014, regarding Ms. [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.
Ms. [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 September 8, 2009. Information provided by the seller, [redacted], LLC, at the time of acquisition indicates this account was originated on November 15, 2005, as a [redacted] VISA card account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 28, 2009. The balance at the time of purchase was $255.67.
Ms. [redacted] expresses a concern in regard to the validity of the debt. On December 5, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Ms. [redacted] 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 Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Ms. [redacted] on September 12, 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 Ms. [redacted] and collect the debt.
Ms. [redacted] also questions whether the above-referenced account may be reported on her consumer credit files, due to an order issued by the Federal Trade Commission (“FTC”), which Ms. [redacted] states applies to the credit reporting of the above-referenced account.
After reviewing both the account information, as well as a copy of FTC order [redacted], please note that while the FTC may have issued an order against the [redacted] and [redacted], LLC providing restitution payments to certain defined consumers, it does not render all accounts ever issued by [redacted] invalid or unenforceable. Part II of the FTC order provides that only affected accounts in which the restitution payments were greater than the balance due were to be removed from a consumer’s credit files. Accounts in which a balance remained after an adjustment for restitution payments, the consumer’s credit files were allowed to be updated under the FTC order.
Prior to receiving Ms. [redacted]’s complaint, Midland Credit received additional correspondence from Ms. [redacted] disputing the debt. Although her request was not timely, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from your consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your follow-up
letter
inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 23, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] expresses a concern that Midland Credit has not verified the debt and
ignored his requests to do so. On
January 7, 2012, 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 direct correspondence
requesting validation from [redacted] on February 4, 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.
Although
the February 4, 2015 request was not timely, verification information provided
by the seller was mailed to [redacted] in response to his dispute on February 18,
2015. Another copy of the verification
information provided by the seller is enclosed.
[redacted] also questions whether the account is collectible due to the expiration of
the statute of limitations. A review of
Midland Credit’s business records indicates that the statute of limitations
expired on November 2, 2014. However,
please note that the passing of the statute of limitations does not extinguish
the validity of the debt. Rather, it
eliminates litigation as a potential remedy.
Similar
to the statute of limitations, the expiration of the seven-year Federal
Reporting period also does not extinguish the debt. It only prevents the
account from being reported to the credit reporting agencies. A review of
Midland Credit’s business records indicates that the seven-year Federal
Reporting period for the above-referenced account does not expire until
November 2015.
[redacted] also expresses a concern regarding a revolving 24-month credit history and
the December 2011 opening date reported for the account. In updates to the credit reporting agencies
Midland Credit only advises of the current balance due for the account. Additionally, in accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date being reported on this account reflects the “date that the account
was purchased by the debt buyer or placed/assigned to the third party
collection agency.”
As
indicated previously, [redacted] is encouraged to communicate directly with the
credit bureaus should he have any further concerns about the nomenclature that Midland
Credit is compelled to use in credit bureau reporting, or in the manner in
which information is presented. In
addition, 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.
If
[redacted] is ready to resolve this debt, he still may qualify for a reduction in
his account balance. Please have Mr.
[redacted] call Midland Credit Account Manager [redacted] at [redacted] to help resolve this account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland chose to only answer a couple of questions asked and did not submit the evidence required. They also are being deceitful to the Revdex.com. They say I never sent anything to them for validation and have only had correspondence from me with you, but they have on my credit reports that I disputed the account and one says it's in the dispute process. They haven't validated anything but what was convenient for them.
They haven't showed any of the original account information or the contract with my original signature. They didn't show the agreement with my signature showing they could add interest or how it has been calculated. They were asked to show proof that they verified that they could even collect the debt. Doesn't Midland have to check everything and make sure everything is 100% right before they put inaccurate information on credit reports? They keep shifting the blame. First it was my fault because they said I didn't know what a charge off is and now they are saying it's the reporting agencies fault how things are reported. I called the CRA'S and it's up to Midland to report thier information correctly or it has to be removed. The CRA'S only report what information they are given. It's not their job to try and collect or make accounts. They just report what they are given. It's not the CRA'S fault that Midland is reporting incorrectly. I also mentioned how now that Midland has noticed activity they are adding more interest which they haven't done in years.
They are trying to bully me and only use what's convenient for them. There is no proof I ever had an account with [redacted] so they can't collect what doesn't exist. They didn't even get the information from [redacted] it was from some other company. They haven't been able to show the account is mine all they showed it what they bought from some other company. No one can verify any off this is mine. They were asked to show proof of the original contract, my signature, proof of the charges and how everything was calculated. They were asked to show all of the account history and how they came up with the $693 original balance and how it went to 930 now it's 932 I believe. If they own the account they should have all this information. They were asked to show how when and for how much the last payment was for. They ignored all this. They are reporting different dates and information and that's their responsibility not the CRA'S like they are alluding to. One one account they have an open account 120 days past due. I don't have any payment plan with them, the debt isn't even mine. Then they want me to send them my private information to them. They know they are reporting under two different names. How can they not know what THEY are reporting. That shows nothing is verifiable and they are an irresponsible company.
They are just putting what they want, wear ever they want and how they want with no reguards to what is true or not. They are just trying to get money and I don't owe it. They were asked to show proof of a number of things. They ignored the request and all they could show was they bought a debt from another party not even the original creditor they list. If they own the account they should have all the information that came with it. They are taking advantage of me and keep shifting responsibility They say they sent a letter and that's all they are required to do. They can't prove they sent the letter and to show how deceitful they are being they have never sent me anything. If I didn't check my report I wouldn't even know about this and now they are adding more interest. If they can't show the original contract with my original signature the payment history the dates what the balance was and how it got to $693 then to $932 how can they damage my credit reports with no way to prove it. I noted some of my private life to show there is no way the account can be mine and their answer was to say I'm a hardship case and they won't contact me. That isn't even close to being relevant to the private information I gave. The point was there is no way the account can be mine and that if they have all this proof (wich they didn't give) then maybe they should consider it could of been a fraudulent account.
They are just doing whatever they want because I'm the little guy in this. That's why I enlisted the Revdex.com help with the matter. What do I need to do to get this completely removed from my credit reports. I'm starting to believe that I am being targeted for being Disabled and a Veteran. As soon as I let that little bit of private information out to show my side and how it's impossible the account is mine I get hit with more interest and remarks and they won't show anything asked to verify this account.
What really bothers me about all this is that I don't owe them anything. I wouldn't go through all this and have it effect me and even aggravate part of my huge disabilities more.
I just want this settled. I figured Midland would be professional about this going through the Revdex.com but they just keep shifting responsibility and they can't show the paperwork to back it up. They pick what answers they want to or can answer and ignore all the important things. All they showed was a bill of sale from a company other than the original creditor they have listed. They didn't even show how they verified the information they got and was 100% sure they could try and collect from me.
If they own the account they should have all the information and be able to show it. I mentioned the statue of limitations because they have different dates under the same account number. Then they insinuate that I'm just trying to have it removed from my reports. I'm fully aware that if it was my debt it would still be owed and if I owed it, it would of been taken care of already.
I don't want to be a pain and I know this takes up people's time but I don't owe this debt in any way shape or form and because of Midlands actions and/or lack there of it's been a nightmare. I think Midland needs to show all the documentation asked for and prove I owe this. They know I don't owe this and that they can't prove it so they try to hide behind that they sent a letter that they can't prove they sent and say because of that I owe a debt.
I just want this resolved and completely taken off my credit reports. It's not right that I have to deal with this issue it should have never been put on my reports period. If Midland are professionals they need to provide all the requested documentation and show what they claim.
Midland said in both thier replies that they take consumer complaints and rights very seriously but they won't even provide the necessary paperwork to prove their claim against me. They don't even care if the account could even be fraudulent. I feel Midland has no proof and can't verify everything asked for and they are trying to bully me. They are adding stuff to the accounts and they are putting remarks on my reports. I feel they are trying to punish me for enlisting your help by adding things and all of a sudden adding of interest since I contacted the Revdex.com. It's like they know they are wrong and are trying to bully me into paying before they get exposed and have to remove their inaccurate reporting. I'm not liable for this and if they think they are 100% correct they should prove it in every way. Why didn't they with thier response? There has to be a reason. They decided to pick what they wanted to answer and all it was, was a bill of sale. Like I've said many times if they own the account they should have all that information and be able to show why they believe what they do. I mean all their merit is behind a letter they can't prove they even sent. I guarantee you that if I would have gotten any letter we wouldn't be going through all this now.
I just want this handled and removed off my reports completely. Midland needs to also consider this could be a fraudulent account and like I've said if they own it they should have all the requested documents and information to prove what they say.
I would think that Midland would want to provide all the information requested to clear them and prove they are a reputable company and not taking advantage of me and others as well. I really want this to be handled properly and it will show I don't owe this money. It's not my account.
So I again request that Midland remove the account off all my reports and state it won't return all in writing.
I thank everyone for their time and Thank You for taking the time out of your day to read this.
I'm looking forward to hearing from you and getting all this resolved.
Regards,
[redacted]
February 26, 2016
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers with the same name as [redacted] During a search for the correct consumers, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally,[redacted] phone number, [redacted], has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have proof from me [redacted] credit report that I received from [redacted] on 1/16/2015. It shows Midland Credit opened account on 12/2011 with revolving 24 month credit history. I have provided screenshots from my 3in1 [redacted] credit report that also shows [redacted] and [redacted].
Also Midland funding has never verified the debt and has ignored my letters to verify. This debt has ran the statue of limitations of [redacted] state.
For some reason I am getting an error when I attach the screenshot, Please tell me how I can get them uploaded.
Regards,
[redacted]
October 24, 2014
Roman';">?
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
?
Dear [redacted]
?
Thank you for your letter inquiry dated October 10, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
?
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
?
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 8, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 24, 2007 as a [redacted] general consumer loan account number ending in [redacted] in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 17, 2009. The balance at the time of purchase was $10,059.86. The balance due as of October 24, 2014, including interest accrued, is $21,686.74.
?
While not the only item of concern identified within [redacted]’ complaint, he requests validation of the debt. On November 12, 2010, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and informed him 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 via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
?
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from him prior to his complaint, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. 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 questions the alleged conduct of certain Midland Credit employees. Please note that Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, a review of Midland Credit’s business records indicate that it has never received any calls from [redacted] in regards to the above-referenced account. Midland Credit respectfully requests that he provides additional information in reference to the call mentioned, such as the date and time in which the call took place, and the names of the representatives with whom he spoke in order to locate the call. Once the call is located, the alleged conduct described by him will be investigated. If 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.
?
Lastly, [redacted] writes that neither he nor his wife had ever opened an account with [redacted]. Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provides a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, he should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, per his previous request, the above-referenced will remain marked as “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
February 8, 2016
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 January 29, 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 July 18, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 14, 2006, as a [redacted]. credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 14, 2011. The balance at the time of purchase was $3,042.11.
[redacted] expresses a concern that this debt is invalid. On September 6, 2013, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the [redacted]’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
[redacted] is requesting that that Midland Credit remove its reference to this account from his consumer credit files. 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.
Per [redacted]’s concerns that he is being harassed by Midland Credit, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
11pt; font-family: 'Times New Roman', serif;">Thank you for your letter inquiry dated February 24, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] filed a
similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the
complaint from your office would be the same as the response which Midland
Credit previously provided to the CFPB, a copy of said response is enclosed.
As stated in Midland
Credit’s earlier response, a review of Midland Credit’s business records
indicates that [redacted] has retained an attorney. Going forward, all
communication about the matter should be handled by [redacted]’s
attorney. If [redacted] is no longer represented by an attorney, please have
him provide Midland Credit with written notice so it may update its records and
allow its representatives to communicate with [redacted] directly.
An investigation of
this matter indicates that Midland Credit is the servicer of two accounts
belonging to [redacted]. Midland Credit
became the servicer of account no. [redacted] on behalf of purchaser, Midland
Funding, LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the
time of acquisition indicates this account was originated on December 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 April 14, 2009.
The balance at the time of purchase was $1,062.83.
Midland Credit became
the servicer of account no. [redacted] on behalf of purchaser, Midland Funding,
on April 15, 2011. Information provided
by the seller, [redacted] at the time of acquisition indicates this account was originated
on March 30, 2008 as a [redacted] account number ending in [redacted], in the name of
[redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on April 2, 2009.
The balance at the time of purchase was $1,671.41.
[redacted] expresses concern
that his validation requests have been ignored.
A review of Midland Credit’s business records indicates that after
Midland Funding acquired the above-referenced accounts, Midland Credit mailed
[redacted] separate but unique validation letters – on October 10, 2009 for
account no. [redacted], and May 28, 2011 for account no. [redacted]. Please note that the letters were not
returned as “undeliverable” by the United States Postal Service – thus the
notification requirements of the Fair Debt Collection Practices Act
(hereinafter “FDCPA”) were satisfied.
In each letter,
Midland Credit informed [redacted] that Midland Funding had acquired the
accounts, and provided the required disclosure of rights set forth in the FDCPA
(15 U.S.C. § 1692). Midland Credit’s business records indicate it
did not receive any correspondence from [redacted] in response to the letters.
The FDCPA specifically
states that, unless a consumer provides a debt collector with notice of such a
dispute within 30 days of receiving the initial validation letter, “the debt
will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debts.
A review of Midland
Credit’s business records indicates that it received the first correspondence
from [redacted] on December 2, 2013.
Based on the information [redacted] provided and pursuant to the [redacted]
Finance Code, Midland Credit responded by sending [redacted] a letter for each
account, advising him Midland Credit had determined that its credit file and
credit reporting of the accounts were accurate.
In addition, although his request was untimely, a copy of the verification
information provided by the seller for account [redacted] was mailed to [redacted] on December 19, 2013. Another
copy is enclosed for [redacted]’s records.
Midland Credit has again
determined that its credit file and credit reporting of the above-referenced
accounts is accurate. Midland Credit
will be closing its investigation of [redacted]’s dispute and will be resuming
regular collection activities as allowed by the [redacted] Finance Code and/or the
Fair Credit Reporting Act.
When [redacted] is
ready to settle the above-referenced debts, [redacted] may qualify for a
reduction in his account balances. In
the meantime, per [redacted]’s previous request, the above-referenced accounts
will remain coded “Do Not Call, Mail Only.”
[redacted] will continue to not receive calls from Midland Credit
representatives.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear Ms. Dyer:
margin: 0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. Please note, the October 2, 2014 response to the CFPB only referenced one of the above-referenced accounts as [redacted]’s CFPB complaint indicated a singular [redacted] debt. The only unpaid account belonging to him and being serviced by Midland Credit which originated with [redacted] is account no. [redacted]. Account no. [redacted] is also a [redacted] account, but was settled in 2012. Account no. [redacted] is a [redacted] account, which also was settled in 2012, but the creditor was not mentioned in either complaint.
With that said, as [redacted] references certified mail sent to Midland Credit in August of 2014, a review of the correspondence indicates he was disputing each of the above-referenced debts. Accordingly, this response will address the concerns he has regarding all three accounts.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 25, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 28, 2007 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 3, 2009. The balance at the time of purchase was $374.12. Final payment on the account was received on May 15, 2012. You have no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on March 18, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 26, 2007 as a [redacted] credit card account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 18, 2009. The balance at the time of purchase was $626.13.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on January 25, 2012. Information provided by the seller, [redacted] Inc., at the time of acquisition indicates this account was originated on November 27, 2007 as a [redacted] general consumer loan account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 31, 2009. The balance at the time of purchase was $1,602.75. Final payment on the account was received on May 9, 2012. You have no further financial obligation for this account.
[redacted] expresses a concern that his validation requests have been ignored. Midland Credit mailed [redacted] separate and unique validation letters – on December 2, 2009 for account no. [redacted], on April 1, 2010 for account no. [redacted], and on February 9, 2012 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. Due to administrative oversight, the response to the CFPB indicated the first correspondence requesting validation was received September 5, 2014 by Midland Credit. However, further review of Midland Credit’s business records indicates that the first correspondence requesting validation from [redacted] was received August 15, 2014 via certified mail, which still cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] writes that when he contacted [redacted], the representative advised him that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
In his August 15, 2014 correspondence [redacted] also writes that the [redacted] had deleted their tradeline and provided a letter from the original creditor to that effect. [redacted] appears to have decided to delete its tradeline when it sold the account. Whether or not the original creditor is reporting the account, the account remains valid, due and owing.
In addition to the certified mail Midland Credit received on August 15, 2014, and September 5, 2014, Midland Credit also received several notices of possible dispute from the credit reporting agencies regarding the above-referenced accounts. As [redacted]’s concerns were substantively the same in each instance of dispute, Midland Credit responded with similar responses for the two paid accounts (nos. [redacted] and [redacted]). Individual letters were mailed to him on August 29, 2014, advising that each account was being reported accurately and that he had no further financial obligation to either of them.
As account no. [redacted] has yet to be settled, letters advising [redacted] that Midland Credit denied any inaccurate reporting and needed additional documentation to investigate his concerns were mailed on August 29, 2014, and on September 12, 2014. To date, no supporting documentation has been received for this account. A review of Midland Credit’s business records indicates that it is accurately reporting all three of the above-referenced accounts to the three major credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of a police report showing that he reported the fraudulent activity. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
If [redacted] is ready to settle account no. [redacted], he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance. [redacted] continues to have no further financial obligation for account nos. [redacted] and [redacted].
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
March 11, 2015
0in 0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on February 11, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 22, 2011. The balance at the time of purchase was $794.84. Final payment on the account was received on October 25, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that he is not sure if Midland Credit is a legitimate company, and that when he contacted the original creditor for the above-referenced account, the representative advised him that Midland Credit did not handle collections for it. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also references paying toward a [redacted] account in 2012, but then stopped due to his concerns. A review of Midland Credit’s business records indicates that [redacted] contacted Midland Credit on June 3, 2013, to set up a payment plan to resolve the balance. Final payment on the account was received on October 25, 2013, and [redacted] has no further financial obligation for this account.
[redacted] also states that he recently received a letter regarding a [redacted] account of which he does not have any knowledge. An investigation of the matter indicates Midland Credit is the servicer of a different account belonging to another consumer with the same name as [redacted]’s. During a search for the correct consumer, [redacted]’s address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted]’s address has been marked “Do Not Mail” in Midland Credit’s computer system for the [redacted] account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted]7 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]
IMPORTANT: This is company conducts scams. They apparently purchased a fraudulent debt from Capital One and attempted to collect it from me. The account they were trying to collect was fraudulent and I had already dealt with it with Capital One a year before Midland contacted me. It is unclear why they would attempt to collect a debt that didn't exist. Despite addressing this issue with Midland and them graciously informing me that they have excused me from this non-existent debt, they still occasionally contact me. AVOID AT ALL COSTS.