VIA
FONT-FAMILY: "Times New Roman", serif">E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 20, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that Midland Credit has been contacting him for the past 6 months in an attempt to reach another person, even after he advised that he was not the correct person. 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 the phone number provided by [redacted] in the complaint, [redacted], was disabled on July 20, 2016 and no calls have been placed to this phone number since.
[redacted] states that he had previously advised Midland Credit they have contacted the wrong person and is told by the representative that a note will be added, yet the phone calls continue. A review of Midland Credit’s records indicates that only one phone call has been made to the phone number provided in [redacted]’s complaint. Additionally, a review of Midland Credit’s records do not indicate that representatives were rude or unprofessional to [redacted], nor was the consumer’s personal account information disclosed.
Often a consumer will speak to someone from one collection agency and then erroneously believe that any subsequent collection calls, even those from another collection company, are from the same company. Since [redacted]’s complaint states that he is receiving calls well in excess of those made by Midland Credit representatives, it appears that this has happened to him.
[redacted]’s phone number was marked “Do Not Call” in Midland Credit’s computer system and he will continue to not receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s phone number has been added to an exclusion list to prevent it from being called in the future 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]’s.
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
font-family: 'Times New Roman';">Thank you for your letter inquiry dated March 4, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
An investigation of
this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter “Midland Funding”), on May 14,
2012. Information provided by the
seller, [redacted],
at the time of acquisition indicates this account was originated on March 31, 2008 as a [redacted] account
number ending in [redacted], in the name of [redacted], under the last four of
the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on July 31, 2011. The balance at the time of purchase was
$1,144.54.
[redacted]
states that he had an arrangement to make 11 payments of $75.00 each to settle
the account for $825.00. Midland
Credit’s business records indicate this agreement was made on April 21, 2013. [redacted] made all payments as agreed
except the payment which was due in January.
Midland Credit is unable to determine why the January payment was
delayed. As the Midland Credit representative
informed [redacted], once a payment is received after the due date the
arrangement becomes null and void.
Midland Credit
acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First
policy, Midland Credit made the business decision to settle the account after
the last payment received February 21, 2014.
[redacted] has no further financial obligation for this account. Midland Credit will report the
above-referenced account to the three credit reporting agencies as “Account paid in full, was a collection
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
size="3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 9, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”). The full name of the original creditor for the above-referenced account is [redacted] then sold the account to [redacted] subsequently sold the account to Midland Funding, on or about November 25, 2008. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated June 15, 2002 as a [redacted] credit 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 April 23, 2006. The balance at the time of purchase was $519.35. Final payment on the account was received by Midland Credit on December 17, 2009. [redacted] has no further financial obligation for this account.
[redacted] states that she has contacted Midland Credit several times via telephone and has been advised each time that the responsible department was unavailable. A review of Midland Credit’s business records indicate that a call was received on November 3, 2016, and [redacted] was advised that the appropriate department was unavailable and asked to call back at a later time. Midland Credit’s business records also indicate that an inquiry was received from [redacted] on or about November 6, 2016, via email, wherein a copy of the Satisfaction of Judgment was requested. At that time, [redacted] request was forwarded to the appropriate department for processing.
[redacted] also expresses a concern that she satisfied the judgment, yet it is still appearing on her credit report. Additionally, [redacted] requests that the account be removed from her consumer credit file as it has been paid. A review of Midland Credit’s business records indicates that on June 28, 2009, this account was placed with [redacted] advised that the Satisfaction of Judgment was filed in December of 2009 and, at that time, a copy was sent to [redacted]. A copy of the Satisfaction of Judgment and the requested payment history are enclosed for [redacted] records.
Once the balance was resolved, the three major credit reporting agencies were appropriately notified to update the collection tradeline as “Account paid in full, was a collection account.” At that time, Midland Credit was furnishing accurate information to the three major credit reporting agencies regarding the paid status of [redacted] account. The three major credit reporting agencies were previously notified to remove the collection tradeline. In order to ensure that the tradeline has been removed, the three credit reporting agencies have again been notified to delete Midland Funding’s reference to the collection account in question from [redacted] consumer credit files. A copy of this notification is enclosed for her records.
Please note, Midland Credit is not reporting the judgment to the credit bureaus. The credit bureaus conduct periodic public records searches and report judgments based on those records. If the credit bureaus are still reporting the judgment, [redacted] is encouraged to dispute the reporting with the credit bureaus so that they can check the public records and update it as satisfied. [redacted] continues to have no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Roman">Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on May 17, 2015.
Information provided by the seller, Citibank, N.A., at the time of
acquisition indicates this account was originated on June 1, 1996 as a [redacted] account
number ending in [redacted], in the name of [redacted],
under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 27, 2015. The balance at the time of purchase was $17,874.25.
Mr.
[redacted] expresses a concern that Midland Credit mailed a statement to him that
demanded money and violated the Fair Debt Collection Practices Act (“FDCPA”). In order to provide him with the required
disclosure of rights set forth in the FDCPA, 15 U.S.C. § 1692, on March 31,
2015, Midland Credit mailed Mr. [redacted] the initial validation letter, advising
him of the role of Midland Credit as the servicer of the account. Midland Credit must therefore respectfully
decline Mr. [redacted]’ request for monetary compensation. However, in keeping with its Consumer-First
policy, Midland Credit has made the business decision to close the
account. There will be no further
collection activity 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 Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Dear[redacted]:
Roman';">
Thank you for your letter inquiry dated August 13, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 14, 2007 as a [redacted] account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 4, 2009. The balance at the time of purchase was $1,083.70.
[redacted] expresses a concern that she was not notified of the above-referenced account. On June 6, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly 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.
When a resolution could not be reached, a review of Midland Credit’s business records indicates that on May 4, 2014, this account was outsourced to the law firm of [redacted]. Their phone number is [redacted]. Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution. [redacted] may reach [redacted] at their contact information provided above. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm.
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] 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
class="MsoNormal">
Thank you for your letter inquiry dated January 31, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on March 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 8, 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 July 7, 2012. The balance at the time of purchase was $919.62.
[redacted] states that she previously disputed the account on her credit report and it was deleted due to lack of validation documents. Based on its investigation, Midland Credit believes the account to which [redacted] makes reference in her complaint is another account for which Midland Credit was previously the servicer. Rather than being deleted for lack of validation, that account was deleted due to the age of the debt. Midland Credit has not yet reported the above-referenced account to the credit reporting agencies.
[redacted] also expresses a concern that her requests for validation have been ignored. On December 25, 2013, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service, and was not returned as “undeliverable” – thus satisfying the requirements set forth within the Fair Debt Collection Practices Act (hereinafter “FDCPA”).
In said letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).)
Midland Credit’s business records indicate that the complaint filed through your office was received in a timely manner in line with the 30 day period. Accordingly, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Midland Credit has since received said verification information from the seller. A copy is enclosed for [redacted]’s records.
Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless 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 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
Dear [redacted]:
lang="X-NONE">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
October 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Per [redacted]
submission through the Revdex.com, it appears she may have
concerns about an [redacted] account. However, the majority of the details
provided appear to be in reference to a [redacted] account belonging to [redacted], being serviced by Midland Credit. Midland Credit is not servicing an
[redacted] account belonging to [redacted]. If she continues to have concerns
regarding an account with [redacted], [redacted] should bring her concerns to the
company currently servicing that account.
Regarding
the [redacted] account, an investigation of this matter indicates that Midland
Credit became the servicer of the above-referenced account on behalf of
purchaser, Midland Funding LLC (“Midland Funding”), on March 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on May 3, 2002, as a [redacted] account number ending in
[redacted], in the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account
was charged-off as an unpaid delinquent-debt on June 30, 2011. The charge-off balance was $959.18.
Additional seller fees of $239.80 resulted in a balance at the time of purchase
by Midland Funding of $1,198.98.
[redacted] expresses a concern that she never made a payment in April 2014 in the
amount of $1,199.99. A review of Midland
Credit’s business records indicates that the account balance was resolved with
a one-time payment of $479.59 paid by [redacted] on April 3, 2014. [redacted] has no further financial
obligation for this account.
[redacted] expresses a desire to have the above-referenced account deleted from her
consumer credit files. Midland Credit is
pleased that it was able to assist [redacted] in reaching a resolution which resolved
the balance for the above-referenced account. In keeping with its Consumer-First policy,
Midland Credit made the business decision to remove its reference of the
account from the three major credit reporting agencies on October 23, 2015.
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]
[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 May 22, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 4, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2012. The balance at the time of purchase was $2,378.25.
[redacted] writes that he was working with Midland Credit on this account that was supposed to be paid in full. After a review of [redacted]’s account, no payment plan was set up with Midland Credit. [redacted] made one time payments online through Midland Credit’s website. While no settlement agreement was ever established, in keeping with its Consumer-First policy, Midland Credit has made the business decision to settle [redacted]’s account for amounts received.
[redacted] expresses a desire to have the above-referenced account deleted upon payment, but advises that the charges still show up on his credit report. Midland Credit’s records indicate that during a phone conversation with [redacted] on January 6, 2015, he was advised that Midland Credit was unable to delete the account from the credit bureaus. Please note that it is Midland Credit’s policy to report all accounts accurately. Midland Credit will report the account as “Account paid in full, was a collection account,” with an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected. [redacted] has no further financial obligation for this account.
[redacted] also states that he has asked Midland credit to stop phone calls, but continues to receive phone calls from Midland Credit. A review of Midland Credit’s business records indicates that in a phone conversation with [redacted] on April 12, 2015, he requested that Midland Credit cease and desist communication with him. The representative appropriately marked the account as “Cease and Desist” and no further phone calls were made and no further letters have been sent to [redacted] for the referenced account. This was the first request Midland Credit received to cease contacting [redacted].
Since [redacted]’s complaint states that he is receiving calls well in excess of those made by Midland Credit representatives, it appears he may be receiving calls from different companies. Often a consumer will speak to someone from one collection agency and then erroneously believe that any subsequent collection calls, even those from another collection company, are from the same company.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
12pt">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 19, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
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 25, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 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 January 7, 2009. The balance at the time of purchase was $1,126.74.
[redacted] writes that she was part of a class action suit, and was awarded a credit toward the account, and that the amount Midland Credit is continuing to collect on is inaccurate. On May 8, 2014, a credit of $1,000 was applied to the account as a result of the case Pepper v. Midland Credit Management, Inc., et. al. (“Pepper case”). Because the credit did not bring the balance of the account down to $0.00, the account remains due and owing with a balance of $1,037.22.
[redacted] further questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. [redacted] allowed an APR of up to 24.990%. Midland Credit charged an interest rate of 15.000%, which is less than the allowable rate provided by the original creditor. A copy of the verification information provided by the seller is enclosed. With that said, Midland Credit has made the business decision to stop accruing interest on the account.
Midland Credit must respectfully conclude that it has acted appropriately and according to applicable law. In keeping with Midland Credit’s Consumer-First policy, as [redacted] expresses a desire to resolve balance, her account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 23, 2015. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on October 1, 2013 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 13, 2015. The balance at the time of purchase was $787.01.
[redacted] expresses concern that he has disputed the account with Midland Credit, but has not received a response. On February 5, 2016, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter.
[redacted] also says that he has sent a communication to Midland Credit online, via e-mail. A review of Midland Credit’s business records indicates that while it has received notice of possible dispute from the credit reporting agencies on June 28, 2016, no correspondence has been received directly from [redacted] prior to the complaint filed through your office.
In response to [redacted]’s concerns, a copy of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] can contact Midland Credit online at [redacted], where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information 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.
Revdex.com:
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 am refuting the statement made by Midland Credit that they mailed me a validation letter dated December 25, 2009 to dispute debt. On December 22, 2014, I mailed Midland Credit requesting validation of debt and received no response from them in regard to that request.
Further, Midland Credit states that they will not report the account to the three major credit reporting agencies until they are able to provide verification of debt is not the case. The three credit reports attached as exhibits will show they have reported the account delinquent with Equifax with out providing me validation/verification of debt as stated in their rebuttal letter. Thank you for your assistance with this matter.Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below. As far as debt verification goes, unfortunately, Midland Credit has done nothing to that regard. The previous correspondence used three paragraphs to re-reference the same "information" listed on my credit file. Isn't this considered begging the question? The request for payment on these accounts, which still have not been verified to me (aside from restating the fact that they are on my credit file, which is the reason for this complaint in the first place) does nothing to solve the actual issue. I'm not sure if it is the law, but I believe that it is at the very least fair to provide documentation with signatures of me agreeing to these debts. Otherwise anyone could state that I owe them money and use that same statement as "proof" of me owing them money. Identity theft is on the rise in America and I hope that it doesn't affect me.
I have not received letters from Midland Credit in the past. I spent many of the past few years homeless without the ability to receive any mail. Now that I'm more stable and finally getting around to actually take care of problems and erroneous information like this on my credit file, thanks to mobile apps like [redacted] (which makes information like my credit more readily available without having to use a computer or mail.) To be honest with you I'm confused as to how me not being able to respond to a letter that I have never received makes me liable for debts I'm unaware of. I apologize for any inconvenience, but unless the above mentioned information is provided to me I will not acknowledge these debts and also have no choice but to seek legal counsel in order to get this issue resolved promptly.
Regards,[redacted]
July 29, 2016
VIA
FONT-FAMILY: "Times New Roman", serif">E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 20, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that Midland Credit has been contacting him for the past 6 months in an attempt to reach another person, even after he advised that he was not the correct person. 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 the phone number provided by [redacted] in the complaint, [redacted], was disabled on July 20, 2016 and no calls have been placed to this phone number since.
[redacted] states that he had previously advised Midland Credit they have contacted the wrong person and is told by the representative that a note will be added, yet the phone calls continue. A review of Midland Credit’s records indicates that only one phone call has been made to the phone number provided in [redacted]’s complaint. Additionally, a review of Midland Credit’s records do not indicate that representatives were rude or unprofessional to [redacted], nor was the consumer’s personal account information disclosed.
Often a consumer will speak to someone from one collection agency and then erroneously believe that any subsequent collection calls, even those from another collection company, are from the same company. Since [redacted]’s complaint states that he is receiving calls well in excess of those made by Midland Credit representatives, it appears that this has happened to him.
[redacted]’s phone number was marked “Do Not Call” in Midland Credit’s computer system and he will continue to not receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s phone number has been added to an exclusion list to prevent it from being called in the future 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]’s.
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]
font-family: 'Times New Roman';">Thank you for your letter inquiry dated March 4, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
An investigation of
this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter “Midland Funding”), on May 14,
2012. Information provided by the
seller, [redacted],
at the time of acquisition indicates this account was originated on March 31, 2008 as a [redacted] account
number ending in [redacted], in the name of [redacted], under the last four of
the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on July 31, 2011. The balance at the time of purchase was
$1,144.54.
[redacted]
states that he had an arrangement to make 11 payments of $75.00 each to settle
the account for $825.00. Midland
Credit’s business records indicate this agreement was made on April 21, 2013. [redacted] made all payments as agreed
except the payment which was due in January.
Midland Credit is unable to determine why the January payment was
delayed. As the Midland Credit representative
informed [redacted], once a payment is received after the due date the
arrangement becomes null and void.
Midland Credit
acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First
policy, Midland Credit made the business decision to settle the account after
the last payment received February 21, 2014.
[redacted] has no further financial obligation for this account. Midland Credit will report the
above-referenced account to the three credit reporting agencies as “Account paid in full, was a collection
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]
Dear [redacted]
size="3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 9, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”). The full name of the original creditor for the above-referenced account is [redacted] then sold the account to [redacted] subsequently sold the account to Midland Funding, on or about November 25, 2008. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated June 15, 2002 as a [redacted] credit 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 April 23, 2006. The balance at the time of purchase was $519.35. Final payment on the account was received by Midland Credit on December 17, 2009. [redacted] has no further financial obligation for this account.
[redacted] states that she has contacted Midland Credit several times via telephone and has been advised each time that the responsible department was unavailable. A review of Midland Credit’s business records indicate that a call was received on November 3, 2016, and [redacted] was advised that the appropriate department was unavailable and asked to call back at a later time. Midland Credit’s business records also indicate that an inquiry was received from [redacted] on or about November 6, 2016, via email, wherein a copy of the Satisfaction of Judgment was requested. At that time, [redacted] request was forwarded to the appropriate department for processing.
[redacted] also expresses a concern that she satisfied the judgment, yet it is still appearing on her credit report. Additionally, [redacted] requests that the account be removed from her consumer credit file as it has been paid. A review of Midland Credit’s business records indicates that on June 28, 2009, this account was placed with [redacted] advised that the Satisfaction of Judgment was filed in December of 2009 and, at that time, a copy was sent to [redacted]. A copy of the Satisfaction of Judgment and the requested payment history are enclosed for [redacted] records.
Once the balance was resolved, the three major credit reporting agencies were appropriately notified to update the collection tradeline as “Account paid in full, was a collection account.” At that time, Midland Credit was furnishing accurate information to the three major credit reporting agencies regarding the paid status of [redacted] account. The three major credit reporting agencies were previously notified to remove the collection tradeline. In order to ensure that the tradeline has been removed, the three credit reporting agencies have again been notified to delete Midland Funding’s reference to the collection account in question from [redacted] consumer credit files. A copy of this notification is enclosed for her records.
Please note, Midland Credit is not reporting the judgment to the credit bureaus. The credit bureaus conduct periodic public records searches and report judgments based on those records. If the credit bureaus are still reporting the judgment, [redacted] is encouraged to dispute the reporting with the credit bureaus so that they can check the public records and update it as satisfied. [redacted] continues to have no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
Roman">Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on May 17, 2015.
Information provided by the seller, Citibank, N.A., at the time of
acquisition indicates this account was originated on June 1, 1996 as a [redacted] account
number ending in [redacted], in the name of [redacted],
under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 27, 2015. The balance at the time of purchase was $17,874.25.
Mr.
[redacted] expresses a concern that Midland Credit mailed a statement to him that
demanded money and violated the Fair Debt Collection Practices Act (“FDCPA”). In order to provide him with the required
disclosure of rights set forth in the FDCPA, 15 U.S.C. § 1692, on March 31,
2015, Midland Credit mailed Mr. [redacted] the initial validation letter, advising
him of the role of Midland Credit as the servicer of the account. Midland Credit must therefore respectfully
decline Mr. [redacted]’ request for monetary compensation. However, in keeping with its Consumer-First
policy, Midland Credit has made the business decision to close the
account. There will be no further
collection activity 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 Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear[redacted]:
Roman';">
Thank you for your letter inquiry dated August 13, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 14, 2007 as a [redacted] account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 4, 2009. The balance at the time of purchase was $1,083.70.
[redacted] expresses a concern that she was not notified of the above-referenced account. On June 6, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly 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.
When a resolution could not be reached, a review of Midland Credit’s business records indicates that on May 4, 2014, this account was outsourced to the law firm of [redacted]. Their phone number is [redacted]. Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution. [redacted] may reach [redacted] at their contact information provided above. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm.
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] 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]:
class="MsoNormal">
Thank you for your letter inquiry dated January 31, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on March 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 8, 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 July 7, 2012. The balance at the time of purchase was $919.62.
[redacted] states that she previously disputed the account on her credit report and it was deleted due to lack of validation documents. Based on its investigation, Midland Credit believes the account to which [redacted] makes reference in her complaint is another account for which Midland Credit was previously the servicer. Rather than being deleted for lack of validation, that account was deleted due to the age of the debt. Midland Credit has not yet reported the above-referenced account to the credit reporting agencies.
[redacted] also expresses a concern that her requests for validation have been ignored. On December 25, 2013, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service, and was not returned as “undeliverable” – thus satisfying the requirements set forth within the Fair Debt Collection Practices Act (hereinafter “FDCPA”).
In said letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).)
Midland Credit’s business records indicate that the complaint filed through your office was received in a timely manner in line with the 30 day period. Accordingly, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Midland Credit has since received said verification information from the seller. A copy is enclosed for [redacted]’s records.
Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless 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 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
Dear [redacted]:
lang="X-NONE">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
October 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Per [redacted]
submission through the Revdex.com, it appears she may have
concerns about an [redacted] account. However, the majority of the details
provided appear to be in reference to a [redacted] account belonging to [redacted], being serviced by Midland Credit. Midland Credit is not servicing an
[redacted] account belonging to [redacted]. If she continues to have concerns
regarding an account with [redacted], [redacted] should bring her concerns to the
company currently servicing that account.
Regarding
the [redacted] account, an investigation of this matter indicates that Midland
Credit became the servicer of the above-referenced account on behalf of
purchaser, Midland Funding LLC (“Midland Funding”), on March 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on May 3, 2002, as a [redacted] account number ending in
[redacted], in the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account
was charged-off as an unpaid delinquent-debt on June 30, 2011. The charge-off balance was $959.18.
Additional seller fees of $239.80 resulted in a balance at the time of purchase
by Midland Funding of $1,198.98.
[redacted] expresses a concern that she never made a payment in April 2014 in the
amount of $1,199.99. A review of Midland
Credit’s business records indicates that the account balance was resolved with
a one-time payment of $479.59 paid by [redacted] on April 3, 2014. [redacted] has no further financial
obligation for this account.
[redacted] expresses a desire to have the above-referenced account deleted from her
consumer credit files. Midland Credit is
pleased that it was able to assist [redacted] in reaching a resolution which resolved
the balance for the above-referenced account. In keeping with its Consumer-First policy,
Midland Credit made the business decision to remove its reference of the
account from the three major credit reporting agencies on October 23, 2015.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at ([redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
[redacted]
June 5, 2015
0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 22, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 4, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2012. The balance at the time of purchase was $2,378.25.
[redacted] writes that he was working with Midland Credit on this account that was supposed to be paid in full. After a review of [redacted]’s account, no payment plan was set up with Midland Credit. [redacted] made one time payments online through Midland Credit’s website. While no settlement agreement was ever established, in keeping with its Consumer-First policy, Midland Credit has made the business decision to settle [redacted]’s account for amounts received.
[redacted] expresses a desire to have the above-referenced account deleted upon payment, but advises that the charges still show up on his credit report. Midland Credit’s records indicate that during a phone conversation with [redacted] on January 6, 2015, he was advised that Midland Credit was unable to delete the account from the credit bureaus. Please note that it is Midland Credit’s policy to report all accounts accurately. Midland Credit will report the account as “Account paid in full, was a collection account,” with an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected. [redacted] has no further financial obligation for this account.
[redacted] also states that he has asked Midland credit to stop phone calls, but continues to receive phone calls from Midland Credit. A review of Midland Credit’s business records indicates that in a phone conversation with [redacted] on April 12, 2015, he requested that Midland Credit cease and desist communication with him. The representative appropriately marked the account as “Cease and Desist” and no further phone calls were made and no further letters have been sent to [redacted] for the referenced account. This was the first request Midland Credit received to cease contacting [redacted].
Since [redacted]’s complaint states that he is receiving calls well in excess of those made by Midland Credit representatives, it appears he may be receiving calls from different companies. Often a consumer will speak to someone from one collection agency and then erroneously believe that any subsequent collection calls, even those from another collection company, are from the same company.
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]
12pt">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 19, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
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 25, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 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 January 7, 2009. The balance at the time of purchase was $1,126.74.
[redacted] writes that she was part of a class action suit, and was awarded a credit toward the account, and that the amount Midland Credit is continuing to collect on is inaccurate. On May 8, 2014, a credit of $1,000 was applied to the account as a result of the case Pepper v. Midland Credit Management, Inc., et. al. (“Pepper case”). Because the credit did not bring the balance of the account down to $0.00, the account remains due and owing with a balance of $1,037.22.
[redacted] further questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. [redacted] allowed an APR of up to 24.990%. Midland Credit charged an interest rate of 15.000%, which is less than the allowable rate provided by the original creditor. A copy of the verification information provided by the seller is enclosed. With that said, Midland Credit has made the business decision to stop accruing interest on the account.
Midland Credit must respectfully conclude that it has acted appropriately and according to applicable law. In keeping with Midland Credit’s Consumer-First policy, as [redacted] expresses a desire to resolve balance, her account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
July 8, 2016
VIA...
E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 23, 2015. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on October 1, 2013 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 13, 2015. The balance at the time of purchase was $787.01.
[redacted] expresses concern that he has disputed the account with Midland Credit, but has not received a response. On February 5, 2016, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter.
[redacted] also says that he has sent a communication to Midland Credit online, via e-mail. A review of Midland Credit’s business records indicates that while it has received notice of possible dispute from the credit reporting agencies on June 28, 2016, no correspondence has been received directly from [redacted] prior to the complaint filed through your office.
In response to [redacted]’s concerns, a copy of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] can contact Midland Credit online at [redacted], where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information 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]
Assistant Secretary
[redacted]
Enclosure
Revdex.com:
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 am refuting the statement made by Midland Credit that they mailed me a validation letter dated December 25, 2009 to dispute debt. On December 22, 2014, I mailed Midland Credit requesting validation of debt and received no response from them in regard to that request.
Further, Midland Credit states that they will not report the account to the three major credit reporting agencies until they are able to provide verification of debt is not the case. The three credit reports attached as exhibits will show they have reported the account delinquent with Equifax with out providing me validation/verification of debt as stated in their rebuttal letter. Thank you for your assistance with this matter.Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below. As far as debt verification goes, unfortunately, Midland Credit has done nothing to that regard. The previous correspondence used three paragraphs to re-reference the same "information" listed on my credit file. Isn't this considered begging the question? The request for payment on these accounts, which still have not been verified to me (aside from restating the fact that they are on my credit file, which is the reason for this complaint in the first place) does nothing to solve the actual issue. I'm not sure if it is the law, but I believe that it is at the very least fair to provide documentation with signatures of me agreeing to these debts. Otherwise anyone could state that I owe them money and use that same statement as "proof" of me owing them money. Identity theft is on the rise in America and I hope that it doesn't affect me.
I have not received letters from Midland Credit in the past. I spent many of the past few years homeless without the ability to receive any mail. Now that I'm more stable and finally getting around to actually take care of problems and erroneous information like this on my credit file, thanks to mobile apps like [redacted] (which makes information like my credit more readily available without having to use a computer or mail.) To be honest with you I'm confused as to how me not being able to respond to a letter that I have never received makes me liable for debts I'm unaware of. I apologize for any inconvenience, but unless the above mentioned information is provided to me I will not acknowledge these debts and also have no choice but to seek legal counsel in order to get this issue resolved promptly.
Regards,[redacted]