Revdex.com:
I have reviewed the response made by the business in reference to complaint ID *** and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
I disagree with Midland Credit Management response because I was first contacted by Midland in See attached letter requesting validation from MCM and signed receipt document by MCM, *** *** dated 7/11/2011 noting they received my letter for validation in
I contacted Midland in via certified letter (attached) requesting validation within days of being contacted by them. They received the certified letter because I got the green card back (see attached) but never received validation from them. In accordance with my rights under the Fair Debt Collection Practices Act , Section 809(b), I have formally requested that Midland provide me proof that I owe this debt and they own this debt and are legally licensed to collect this debt in
They have continued to ignore my requestsI made several attempts and follow up requests via certified letter to get Midland to verify said debt in a timely manner. They now in turn state to you that they never received my certified letter within days, I disagree because I have signed documents (attached) from them stating otherwiseThey are in violation of my rights and continue to illegally collect and report on this debt and if they do not remove from my credit file I will file a lawsuitThank you for taking the time to review my case and to help me with this matter of dealing with Midland Credit ManagementTo date, Midland has a poor track record in regards to its collection tactics which have resulted in fines from the United States Government and from individual states as wellAs of this year Midland has had to pay close to one million dollars in fines and penalties due to their unlawful business procedures which violate the consumer's rightsTheir illegal actions have caused thousands upon thousands of consumer's credit files to be tainted with negative remarks which includes myselfIn order to resolve my complaint, please have Midland Credit Management removed from my credit file so that I can restore my credit and good name back where it once wasI thank you again and look forward to having Midland being removed from my credit file
Regards,
*** ***
Attachment: 1st request for validation dated July with signed green card from MCM dated July
May 25, VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** ***
Revdex.com# ***
MCM# ***
Dear *** ***:
Thank you for your letter inquiry regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated May 2,
*** *** expresses a concern that he could not have received letters because Midland Credit had the wrong address. Please note, information provided by the seller at the time of purchase by Midland Funding indicates that the current address of *** *** was *** *** *** *** *** *** In reliance on that information, Midland Credit attempted to contact *** *** regarding the referenced account using that address.
During a call on April 11, 2016, *** *** advised a Midland Credit representative that the address was not correct. *** *** proceeded to provide the representative with his correct address, which was appropriately updated at that time. On April 13, a letter was mailed to *** *** at the updated address, advising him that the account was being investigated
With that said, as indicated in its previous response to your office, Midland Credit acknowledged *** *** dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide *** *** with verification of the debt
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
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 ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,
*** ***
Dear *** ***:
class="MsoNormal">
Thank you for your letter inquiry dated February 19, 2014, regarding *** ***’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 January 31, 2012. Information provided by the seller, *** *** *** ***, at the time of acquisition indicates this account was originated on November 4, as a *** *** account number ending in ***, in the name of *** * ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 15, 2011. The balance at the time of purchase was $1,738.53.
If the last four digits of the social security number provided above do not match the last four digits of *** ***’s social security number, please have him contact Consumer Support Services at *** *** *** ***\
With that said, *** *** expresses a concern that Midland Credit representatives have contacted him before 8:00am and up to 9:00pm local time. Please assure *** *** that Midland Credit has safeguards in place to prevent its calls from being placed before 8:00am local time and after 9:00pm local time Midland Credit’s determination of which local time should be used is based on information then available to it, including the phone number’s area code. *** ***’s telephone numbers provided within the complaint both contain area codes belonging to *** ***
Based on that information, Midland Credit attempted to contact *** *** at times consistent with his local time. A review of Midland Credit’s business records indicate all calls were placed after 8:00am and prior to 9:pm local time.
Often a consumer will receive calls from one collection agency and then believe that any subsequent collection calls, even those from another collection company, are from the same company. Since *** ***’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 *** ***
That being said, per *** ***’s concern of harassment, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, *** *** will no longer receive correspondence or calls from Midland Credit representatives regarding the account 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 *** ***
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
"">Thank you for your letter inquiry dated June 9, 2014, regarding *** *** 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 February 13, 2014. Information provided by the seller, *** *** *** at the time of acquisition indicates this account was originated on August
17, as a *** *** *** *** *** account number
ending in ***, in the name of *** ***, under the last four of the social
security number *** Subsequently, the
account was charged-off as an unpaid delinquent-debt on January 31, 2014. The balance at the time of purchase was $11,470.20.
Midland
Credit has made the business decision to close the above-referenced
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 *** *** consumer credit files
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to *** ***
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at *** *** *** *** should you have any further
questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
*** ***
September 25,
class="MsoNormal">
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** * ***
Revdex.com# ***
MCM# ***
Dear *** ***
Thank you for your letter inquiry dated September 11, 2014, regarding *** *** 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 *** *** has retained an attorneyGoing forward, all communication about the matter should be handled by his attorney. If *** *** 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 (“Midland Funding”), on September 27, 2012. Information provided by the seller, *** *** *** ***, at the time of acquisition indicates this account was originated on February 14, as a *** cellular account number ending in ***, in the name of *** ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 17, 2011. The balance at the time of purchase by Midland Funding was $418.40. Final payment on the account was received on March 4, 2013. *** *** has no further financial obligation for this account.
*** *** writes that he settled the debt because Midland Credit agreed to remove its tradeline from his consumer credit files. Please note that it is Midland Credit’s policy to report all accounts accurately. At the time *** *** paid the account, its policy was to report the account as “Account paid in full, was a collection account.” Midland Credit’s tradeline at this time should reflect such language on *** ***’s consumer credit files. Midland Credit’s business records appear to indicate that no violation of this policy has occurred If Midland Credit were to delete the account, its correct and accurate status would not be reflected
Please assure *** *** 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 *** ***
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
Thank you for your letter inquiry dated July 22, 2014, regarding *** *** 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
In his follow-up, *** *** writes that he continues to
receive letters from Midland CreditA review of Midland Credit’s business
records indicates that after Midland Credit provided its first response to *** ***, it became the servicer of another account. Midland Credit received *** *** address
from a third-party vendor which Midland Credit uses to provide such
information. In reliance on this
information, Midland Credit attempted to contact the consumer regarding the
referenced account. A review of Midland Credit’s business records
indicates that a letter was sent to *** *** address on July 3, 2014, in an
attempt to reach the correct party
Please assure *** *** that his address has been
marked “Do Not Mail” in Midland Credit’s computer system for the new account,
and that he will no longer receive correspondence from Midland Credit
representatives regarding the referenced accountPlease again extend the
apologies of Midland Credit to *** *** for any frustration he might have
experienced as a result of this error
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to *** ***
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at *** *** *** *** should you have any further
questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
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 ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
There has been no validation provided for the Midland Account # *** ,which is the 2nd *** accountHence this account must be removed from my credit report.
Regards,
*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
" margin: 0px"> Thank you very muchIn addition to the formal letter I submitted to you, I was just informed that my client was not even living in the country when the alleged debt was incurredHe moved here after that date
*** ** ***
(NOTE: TWO ATTACHMENTS)
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,
*** ***
----------------------
Regarding the statement:
"Midland Credit respectfully requests that *** *** provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity."
*** *** These people bought a list that happened to have my name on it To even imply that I have any responsibility to respond in any way is absurdNow they state that they will 'Cease and Desist' from further activity, as though there activity was legitimate in the first place Thats insulting!
Look, these people whoever they may actually be, are NOT operating and honest business They are hoping that they will 'Con' enough people to make the contract with an off shore call center pay off.
***
You, I, Anyone and Everyone can see this as a shallow scheme It is probably run through a Corporation which the owners believe shield them from responsibility as well as liability.
I wish to peruse this issue for Damages My time, my reputation and my credit rating may all have been damaged by this 'business's' reckless policies and practicesI'm feeling stress and aggravationI demand compensation What are you going to do about that?
*** ***
Dear Ms***:
class="MsoNormal">
Thank you for your letter inquiry dated June 20, 2014, regarding Mr***’ 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
Mr*** 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 to the CFPB; Midland Credit provided all the relevant account information in its initial letter response dated June 12, 2014. In that letter, Midland Credit stated that it acknowledged his dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt
In Midland Credit’s follto Mr*** via the CFPB and dated June 24, 2014, Midland Credit stated that it had acted in a timely manner and had complied with all applicable lawsHowever, in keeping with its Consumer-First policy, Midland Credit had made the business decision to close the accountThere will be no further collection activity, credit reporting or sale of this accountIn addition, the three credit-reporting agencies have been 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 Mr***
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at ###-###-#### should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Enclosure
Dear *** ***:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 6, 2014, regarding *** ***’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 August 11, 2011. Information provided by the seller, *** *** *** ***, at the time of acquisition indicates this account was originated on December 19, as a *** *** account number ending in ***, in the name of *** ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 17, 2008. The balance at the time of purchase was $713.92. Final payment on the account was received on September 20, 2012. You have no further financial obligation for this account
*** *** expresses a desire to have the above-referenced account deleted from his consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist *** *** in reaching a resolution which settled the balance for the above-referenced account, please note that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account,” as required by the three major credit reporting agencies. If Midland Credit were to delete the account, its status would not be accurately reflected
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
April 29,
" lang="X-NONE">VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** *** ***
Revdex.com# ***
Dear *** ***
Thank you for your letter inquiry regarding *** ***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received April 16, 2015. Midland Credit appreciates the opportunity to answer your questions
*** *** states that he has been receiving calls from Midland Credit. An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers, one of which has the same last name as *** ***’s. During a search for the correct consumers, *** ***’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact these consumers regarding the referenced accounts.
*** *** also states that a complaint was filed with the Office of the Attorney General, State of *** regarding this concern, though it appears that this was done in reference to another company. Midland Credit was unable to locate this complaint or the response indicated by *** ***.
With that said, *** ***’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. *** *** will no longer receive calls from Midland Credit representatives regarding these accounts. Additionally, *** ***’s phone number *** *** has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Yes I would like the Revdex.com to continue to investigate this complaint against MidlandMidland has been known by others to use a scanned signature to add to forged documents, that was my concern with my signature and midland.
These accounts are not mine, but midland refuses to
validate them or remove them from my credit which has caused me a denial for a mortgageYes, please continue to investigate
Dear [redacted]
">
Thank you for your letter inquiry dated November 18, 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 August 9, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 8, 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 October 26, 2008. The balance at the time of purchase was $473.05.
[redacted] expresses a concern that her validation requests have been ignored. On August 20, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq. ("FDCPA"). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as "undeliverable" by the United States Postal Service, satisfying the notification requirements of the FDCPA. U.S.C§
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 days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." U.S.C§ 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt
[redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please assure her that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies. In [redacted] case, her home state of [redacted] does not require collection agency licensing
She also questions the balance of the account. While the balance of the account at purchase was equal to the charge off balance of $473.05, $in interest has subsequently been accrued and the current balance is $704.43. 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] also expresses concern as to 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 March 30, 2014. However, please note that the passing of the statute of limitations does not extinguish the validity of the debtRather, it merely eliminates litigation as a potential remedy.
With that said, as [redacted] states that she never had an account with [redacted] Midland Credit stands ready to assist her in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
[redacted] previously claimed that the account was not hers to Midland Credit representatives during a phone conversation on November 6, 2014. During the call she advised that a police report was filed in November 2011, which was sent to Midland Credit and [redacted] Midland Credit has not yet received any such documentation. Additionally, the seller has not advised Midland Credit of any documentation or information related to [redacted] claims. Until such documentation is received, based on the information provided by the seller, Midland Credit must respectfully conclude the above-referenced account remains collectible, due and owing to Midland Credit. 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
In the meantime, although all calls placed to [redacted] for the account have been after 8:am and prior to 9:pm local [redacted] time, per her concerns about the time of calls placed to her 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
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]?
">
Thank you for your letter inquiry regarding [redacted]s complaint, which Midland Credit Management, Inc("Midland Credit") received July 8, 2015. Midland Credit appreciates the opportunity to answer your questions
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau ("CFPB"). A copy of Midland Credit's response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC ("Midland Funding"), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on June 6, 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 14, 2009. The balance at the time of purchase was $
[redacted] expresses a concern that Midland Credit has failed to provide him with validation. 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, U.S.C§ et seq. ("FDCPA"). The letter was not returned as "undeliverable" by the United States Postal Service, satisfying the notification requirements of the FDCPA. U.S.C§
Midland Credit's business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit's business records indicates that it received the first correspondence requesting validation from [redacted] on April 15, 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 days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." 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 April 15, request was not timely, verification information provided by the seller was mailed to [redacted] in response to his dispute on April 24, 2015. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPAChaudhry vGallerizzo, F.3d (4th Cir1999). A copy of the verification information provided by the seller is enclosed.
[redacted] requests information regarding the statute of limitations. A review of Midland Credit's business records indicates that the statute of limitations has expired. However, please note that the passing of the statute of limitations does not extinguish the validity of the debtRather, it eliminates litigation as a potential remedy to collect the debt
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 has expired. Midland Credit ceased credit reporting of the above-referenced account as of May
[redacted] also requests a copy of an agreement signed between him and Midland Credit Management stating that he has a contractual responsibility for the above-referenced debt. Please note that when a creditor "charges-off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
With that said, to help alleviate [redacted]s concerns, although such documentation is not normally provided, copies of the bills of sale between [redacted], and [redacted] and Midland Funding are enclosed. A copy of a seller data sheet confirming the account was included in the purchase from [redacted] is also enclosed
Additionally, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please be assured that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies.
With that said, if [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at [redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
"margin: 0in 0in 0pt;" class="MsoBodyText3">Thank you for your letter inquiry dated May 13, 2014, regarding [redacted]'s complaint, which Midland Credit Management, Inc(hereinafter "Midland Credit") received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
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 February 4, as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 18, 2009. The balance at the time of purchase was $1,
[redacted] expresses a concern that her validation request was ignored, and requests the account be deleted from her consumer credit files. A review of Midland Credit's business records indicates that shortly after Midland Funding acquired the above-referenced account, on September 30, 2009, 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 (U.S.C§ 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. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." (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
With that said, please note that while Midland Credit has acted timely and appropriately, Midland Credit previously made the business decision to close the account. Midland Credit has not been reporting the account to the credit reporting agencies since November 18, 2010. Prior to receiving the complaint from your office, Midland Credit received [redacted]'s correspondence as mentioned within her complaint, and mailed [redacted] a letter on April 28, confirming the tradeline was deleted
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
"">Thank you for your letter inquiry dated March 10, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc(hereinafter "Midland Credit") received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions
A review of Midland Credit's business records
indicates that [redacted] has retained an attorney. Going forward, all communication about the
matter should be handled by her attorney. If [redacted] is no longer
represented by an attorney, please provide Midland Credit with written notice
so it may update its records and allow its representatives to communicate with
her directly
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 11, 2011.
Information provided by the seller, [redacted],
at the time of acquisition indicates this account was originated on January 2,
as a [redacted] account number ending in [redacted], in the name
of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on August 9, 2009.
The balance at the time of purchase was $689.91. Final payment on the account was received
August 8, 2013. [redacted] has no further financial obligation to
the account
[redacted] questions whether Midland Credit was
accurately reporting the above-referenced account to the credit reporting
agencies. A review of Midland Credit's
business records indicates that shortly after Midland Funding acquired the
above-referenced account, on March 13, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had
acquired the account, and of her rights pursuant to the Fair Debt Collection
Practices Act (U.S.C§ et seq.) ("FDCPA"). The letter was mailed to the same address
listed within [redacted]'s complaint via the United States Postal Service,
and was not returned as "undeliverable" – satisfying the requirements set forth
within the FDCPA. A review of Midland
Credit's business records indicates that it received the first written correspondence
from [redacted] on December 16, 2013, after final payment for the account
was completed
The FDCPA specifically
states that, unless a consumer provides a debt collector with notice of such a
dispute within days of receiving the initial validation letter, "the debt
will be assumed to be valid by the debt collector." (U.S.C§ 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt
[redacted] also
questions the reporting language on her credit report. Midland Credit has been advised, and the
standard in the industry is that as a debt buyer, it should report accounts as:
current status – collection account; type of account – open; type of loan –
factoring company account; additional information – collection account. For purposes of credit reporting, the term
"Open (Portfolio Type)" has the following definition: "Accounts where the
entire amount is due upon demand or that have one payment due as scheduled
(i.e., Terms Duration = 001)." That
indicates that the account is currently open, due and owing in one
payment. Further, e-OSCAR, the online
credit reporting system, provides the following definition of a factoring
company: "Factoring Company - A company
that purchases accounts with the intent of collecting debts owed." Midland Credit has been advised by two credit
reporting agencies that it should be classified as a factoring company for
credit reporting purposes.
[redacted] is
encouraged to communicate directly with the credit bureaus should she have any
further concerns about the nomenclature that Midland Credit is compelled to use
in credit bureau reporting. Based on the
law and guidelines governing credit reporting, it would appear that the account
was being correctly reported. In
addition, if [redacted] obtained her credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself
With
that said, while Midland Credit was accurately reporting the above-referenced
account, it has made the business decision to delete its tradeline from [redacted] consumer credit files. While
the account's status will remain "Account
paid in full, was a collection account," the credit-reporting agencies have
been notified to delete all reference to this account from [redacted]'s
consumer credit files
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers' rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
"margin: 0in 0in 0pt;" class="MsoBodyText3">Thank you for your letter inquiry dated April 16, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc(hereinafter "Midland Credit") received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit is the servicer of the two accounts belonging to [redacted] referenced in the complaint forwarded by your office. Midland Credit became the servicer of account no[redacted], 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 December 17, 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 5, 2010. The balance at the time of purchase was $931.83. The current balance including interest accrued and payments received is $633.00.
Midland Credit became the servicer of account no[redacted], on behalf of purchaser, Midland Funding, LLC ("Midland Funding") on August 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 19, 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 March 16, 2009. The balance at the time of purchase was $2,050.01. The current balance including interest accrued and payments received is $1,525.01.
[redacted] expresses a concern that her father-in-law's phone number was being called by Midland Credit representatives despite verbally advising that only her phone number of [redacted] was be used. Midland Credit has conducted an investigation into the alleged conduct of its employeesDue to an administrative oversight, [redacted]' father-in-law's phone number was only disabled on one of the two above-referenced accounts. Midland Credit apologizes and has marked all phone numbers on both of the above-referenced accounts as "Do Not Call," with the exception of phone number [redacted]
Please advise [redacted] that Account Manager [redacted] continues to be her point of contact regarding completion of the on-going payment plans for each of the above-referenced accounts. She can be reached at [redacted] regarding any questions about the payment plans in place
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]
Thank you for your letter inquiry dated September 8,
"">, regarding Mr[redacted]'s complaint, which Midland Credit Management, Inc("Midland Credit") received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC ("Midland Funding"), on December 31, 2013. Information provided by the seller, [redacted], Inc., at the time of acquisition indicates this account was originated on October 27, as a WebBank/Fingerhut 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 28, 2013. The balance at the time of purchase was $
Mr[redacted] expresses a concern that this account is a result of identity theft On January 16, 2014, Midland Credit mailed Mr[redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq. ("FDCPA"). Please note that the letter was mailed to Mr[redacted] via the United States Postal Service, and was not returned as "undeliverable" – satisfying the requirements set forth within the FDCPA
Midland Credit's business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr[redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." U.S.C§ 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr[redacted] and collect the debt
Mr[redacted] also writes that Midland Credit has not assisted him with his dispute, and has not requested a police report from him. However, Midland Credit's business records indicate that on July 28, 2014, Midland Credit received a phone call from Mr[redacted] advising that he was a victim of identity theft. The account manager provided Mr[redacted] with Midland Credit's mailing address, and requested that he send in a copy of his police report. Mr[redacted] advised that it would not be available for days, but he would mail it in as soon as possible.
Prior to receiving the complaint, on August 28, 2014, Midland Credit received a police report from Mr[redacted]. After reviewing his police report, based on the information contained within the report, and in accordance with Midland Credit's policy to react affirmatively to consumer issues, the account was closed. There will be no further collection activity or sale of this account. In addition all three credit-reporting agencies have been notified to delete all reference to Midland Credit's trade line from consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to Mr[redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at (800) 825-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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID *** and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
I disagree with Midland Credit Management response because I was first contacted by Midland in See attached letter requesting validation from MCM and signed receipt document by MCM, *** *** dated 7/11/2011 noting they received my letter for validation in
I contacted Midland in via certified letter (attached) requesting validation within days of being contacted by them. They received the certified letter because I got the green card back (see attached) but never received validation from them. In accordance with my rights under the Fair Debt Collection Practices Act , Section 809(b), I have formally requested that Midland provide me proof that I owe this debt and they own this debt and are legally licensed to collect this debt in
They have continued to ignore my requestsI made several attempts and follow up requests via certified letter to get Midland to verify said debt in a timely manner. They now in turn state to you that they never received my certified letter within days, I disagree because I have signed documents (attached) from them stating otherwiseThey are in violation of my rights and continue to illegally collect and report on this debt and if they do not remove from my credit file I will file a lawsuitThank you for taking the time to review my case and to help me with this matter of dealing with Midland Credit ManagementTo date, Midland has a poor track record in regards to its collection tactics which have resulted in fines from the United States Government and from individual states as wellAs of this year Midland has had to pay close to one million dollars in fines and penalties due to their unlawful business procedures which violate the consumer's rightsTheir illegal actions have caused thousands upon thousands of consumer's credit files to be tainted with negative remarks which includes myselfIn order to resolve my complaint, please have Midland Credit Management removed from my credit file so that I can restore my credit and good name back where it once wasI thank you again and look forward to having Midland being removed from my credit file
Regards,
*** ***
Attachment: 1st request for validation dated July with signed green card from MCM dated July
May 25, VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** ***
Revdex.com# ***
MCM# ***
Dear *** ***:
Thank you for your letter inquiry regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated May 2,
*** *** expresses a concern that he could not have received letters because Midland Credit had the wrong address. Please note, information provided by the seller at the time of purchase by Midland Funding indicates that the current address of *** *** was *** *** *** *** *** *** In reliance on that information, Midland Credit attempted to contact *** *** regarding the referenced account using that address.
During a call on April 11, 2016, *** *** advised a Midland Credit representative that the address was not correct. *** *** proceeded to provide the representative with his correct address, which was appropriately updated at that time. On April 13, a letter was mailed to *** *** at the updated address, advising him that the account was being investigated
With that said, as indicated in its previous response to your office, Midland Credit acknowledged *** *** dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide *** *** with verification of the debt
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
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 ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,
*** ***
Dear *** ***:
class="MsoNormal">
Thank you for your letter inquiry dated February 19, 2014, regarding *** ***’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 January 31, 2012. Information provided by the seller, *** *** *** ***, at the time of acquisition indicates this account was originated on November 4, as a *** *** account number ending in ***, in the name of *** * ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 15, 2011. The balance at the time of purchase was $1,738.53.
If the last four digits of the social security number provided above do not match the last four digits of *** ***’s social security number, please have him contact Consumer Support Services at *** *** *** ***\
With that said, *** *** expresses a concern that Midland Credit representatives have contacted him before 8:00am and up to 9:00pm local time. Please assure *** *** that Midland Credit has safeguards in place to prevent its calls from being placed before 8:00am local time and after 9:00pm local time Midland Credit’s determination of which local time should be used is based on information then available to it, including the phone number’s area code. *** ***’s telephone numbers provided within the complaint both contain area codes belonging to *** ***
Based on that information, Midland Credit attempted to contact *** *** at times consistent with his local time. A review of Midland Credit’s business records indicate all calls were placed after 8:00am and prior to 9:pm local time.
Often a consumer will receive calls from one collection agency and then believe that any subsequent collection calls, even those from another collection company, are from the same company. Since *** ***’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 *** ***
That being said, per *** ***’s concern of harassment, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, *** *** will no longer receive correspondence or calls from Midland Credit representatives regarding the account 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 *** ***
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
"">Thank you for your letter inquiry dated June 9, 2014, regarding *** *** 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 February 13, 2014. Information provided by the seller, *** *** *** at the time of acquisition indicates this account was originated on August
17, as a *** *** *** *** *** account number
ending in ***, in the name of *** ***, under the last four of the social
security number *** Subsequently, the
account was charged-off as an unpaid delinquent-debt on January 31, 2014. The balance at the time of purchase was $11,470.20.
Midland
Credit has made the business decision to close the above-referenced
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 *** *** consumer credit files
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to *** ***
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at *** *** *** *** should you have any further
questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
*** ***
September 25,
class="MsoNormal">
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** * ***
Revdex.com# ***
MCM# ***
Dear *** ***
Thank you for your letter inquiry dated September 11, 2014, regarding *** *** 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 *** *** has retained an attorneyGoing forward, all communication about the matter should be handled by his attorney. If *** *** 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 (“Midland Funding”), on September 27, 2012. Information provided by the seller, *** *** *** ***, at the time of acquisition indicates this account was originated on February 14, as a *** cellular account number ending in ***, in the name of *** ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 17, 2011. The balance at the time of purchase by Midland Funding was $418.40. Final payment on the account was received on March 4, 2013. *** *** has no further financial obligation for this account.
*** *** writes that he settled the debt because Midland Credit agreed to remove its tradeline from his consumer credit files. Please note that it is Midland Credit’s policy to report all accounts accurately. At the time *** *** paid the account, its policy was to report the account as “Account paid in full, was a collection account.” Midland Credit’s tradeline at this time should reflect such language on *** ***’s consumer credit files. Midland Credit’s business records appear to indicate that no violation of this policy has occurred If Midland Credit were to delete the account, its correct and accurate status would not be reflected
Please assure *** *** 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 *** ***
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
Thank you for your letter inquiry dated July 22, 2014, regarding *** *** 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
In his follow-up, *** *** writes that he continues to
receive letters from Midland CreditA review of Midland Credit’s business
records indicates that after Midland Credit provided its first response to *** ***, it became the servicer of another account. Midland Credit received *** *** address
from a third-party vendor which Midland Credit uses to provide such
information. In reliance on this
information, Midland Credit attempted to contact the consumer regarding the
referenced account. A review of Midland Credit’s business records
indicates that a letter was sent to *** *** address on July 3, 2014, in an
attempt to reach the correct party
Please assure *** *** that his address has been
marked “Do Not Mail” in Midland Credit’s computer system for the new account,
and that he will no longer receive correspondence from Midland Credit
representatives regarding the referenced accountPlease again extend the
apologies of Midland Credit to *** *** for any frustration he might have
experienced as a result of this error
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to *** ***
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at *** *** *** *** should you have any further
questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
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 ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
There has been no validation provided for the Midland Account # *** ,which is the 2nd *** accountHence this account must be removed from my credit report.
Regards,
*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
" margin: 0px"> Thank you very muchIn addition to the formal letter I submitted to you, I was just informed that my client was not even living in the country when the alleged debt was incurredHe moved here after that date
*** ** ***
(NOTE: TWO ATTACHMENTS)
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Regards,
*** ***
----------------------
Regarding the statement:
"Midland Credit respectfully requests that *** *** provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity."
*** *** These people bought a list that happened to have my name on it To even imply that I have any responsibility to respond in any way is absurdNow they state that they will 'Cease and Desist' from further activity, as though there activity was legitimate in the first place Thats insulting!
Look, these people whoever they may actually be, are NOT operating and honest business They are hoping that they will 'Con' enough people to make the contract with an off shore call center pay off.
***
You, I, Anyone and Everyone can see this as a shallow scheme It is probably run through a Corporation which the owners believe shield them from responsibility as well as liability.
I wish to peruse this issue for Damages My time, my reputation and my credit rating may all have been damaged by this 'business's' reckless policies and practicesI'm feeling stress and aggravationI demand compensation What are you going to do about that?
*** ***
Dear Ms***:
class="MsoNormal">
Thank you for your letter inquiry dated June 20, 2014, regarding Mr***’ 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
Mr*** 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 to the CFPB; Midland Credit provided all the relevant account information in its initial letter response dated June 12, 2014. In that letter, Midland Credit stated that it acknowledged his dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt
In Midland Credit’s follto Mr*** via the CFPB and dated June 24, 2014, Midland Credit stated that it had acted in a timely manner and had complied with all applicable lawsHowever, in keeping with its Consumer-First policy, Midland Credit had made the business decision to close the accountThere will be no further collection activity, credit reporting or sale of this accountIn addition, the three credit-reporting agencies have been 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 Mr***
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at ###-###-#### should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Enclosure
Dear *** ***:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 6, 2014, regarding *** ***’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 August 11, 2011. Information provided by the seller, *** *** *** ***, at the time of acquisition indicates this account was originated on December 19, as a *** *** account number ending in ***, in the name of *** ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 17, 2008. The balance at the time of purchase was $713.92. Final payment on the account was received on September 20, 2012. You have no further financial obligation for this account
*** *** expresses a desire to have the above-referenced account deleted from his consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist *** *** in reaching a resolution which settled the balance for the above-referenced account, please note that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account,” as required by the three major credit reporting agencies. If Midland Credit were to delete the account, its status would not be accurately reflected
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
April 29,
" lang="X-NONE">VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** *** ***
Revdex.com# ***
Dear *** ***
Thank you for your letter inquiry regarding *** ***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received April 16, 2015. Midland Credit appreciates the opportunity to answer your questions
*** *** states that he has been receiving calls from Midland Credit. An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers, one of which has the same last name as *** ***’s. During a search for the correct consumers, *** ***’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact these consumers regarding the referenced accounts.
*** *** also states that a complaint was filed with the Office of the Attorney General, State of *** regarding this concern, though it appears that this was done in reference to another company. Midland Credit was unable to locate this complaint or the response indicated by *** ***.
With that said, *** ***’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. *** *** will no longer receive calls from Midland Credit representatives regarding these accounts. Additionally, *** ***’s phone number *** *** has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at *** *** *** *** should you have any further questions
Sincerely,
Midland Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Yes I would like the Revdex.com to continue to investigate this complaint against MidlandMidland has been known by others to use a scanned signature to add to forged documents, that was my concern with my signature and midland.
These accounts are not mine, but midland refuses to
validate them or remove them from my credit which has caused me a denial for a mortgageYes, please continue to investigate
Dear [redacted]
">
Thank you for your letter inquiry dated November 18, 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 August 9, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 8, 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 October 26, 2008. The balance at the time of purchase was $473.05.
[redacted] expresses a concern that her validation requests have been ignored. On August 20, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq. ("FDCPA"). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as "undeliverable" by the United States Postal Service, satisfying the notification requirements of the FDCPA. U.S.C§
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 days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." U.S.C§ 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt
[redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please assure her that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies. In [redacted] case, her home state of [redacted] does not require collection agency licensing
She also questions the balance of the account. While the balance of the account at purchase was equal to the charge off balance of $473.05, $in interest has subsequently been accrued and the current balance is $704.43. 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] also expresses concern as to 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 March 30, 2014. However, please note that the passing of the statute of limitations does not extinguish the validity of the debtRather, it merely eliminates litigation as a potential remedy.
With that said, as [redacted] states that she never had an account with [redacted] Midland Credit stands ready to assist her in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
[redacted] previously claimed that the account was not hers to Midland Credit representatives during a phone conversation on November 6, 2014. During the call she advised that a police report was filed in November 2011, which was sent to Midland Credit and [redacted] Midland Credit has not yet received any such documentation. Additionally, the seller has not advised Midland Credit of any documentation or information related to [redacted] claims. Until such documentation is received, based on the information provided by the seller, Midland Credit must respectfully conclude the above-referenced account remains collectible, due and owing to Midland Credit. 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
In the meantime, although all calls placed to [redacted] for the account have been after 8:am and prior to 9:pm local [redacted] time, per her concerns about the time of calls placed to her 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
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]?
">
Thank you for your letter inquiry regarding [redacted]s complaint, which Midland Credit Management, Inc("Midland Credit") received July 8, 2015. Midland Credit appreciates the opportunity to answer your questions
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau ("CFPB"). A copy of Midland Credit's response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC ("Midland Funding"), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on June 6, 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 14, 2009. The balance at the time of purchase was $
[redacted] expresses a concern that Midland Credit has failed to provide him with validation. 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, U.S.C§ et seq. ("FDCPA"). The letter was not returned as "undeliverable" by the United States Postal Service, satisfying the notification requirements of the FDCPA. U.S.C§
Midland Credit's business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit's business records indicates that it received the first correspondence requesting validation from [redacted] on April 15, 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 days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." 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 April 15, request was not timely, verification information provided by the seller was mailed to [redacted] in response to his dispute on April 24, 2015. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPAChaudhry vGallerizzo, F.3d (4th Cir1999). A copy of the verification information provided by the seller is enclosed.
[redacted] requests information regarding the statute of limitations. A review of Midland Credit's business records indicates that the statute of limitations has expired. However, please note that the passing of the statute of limitations does not extinguish the validity of the debtRather, it eliminates litigation as a potential remedy to collect the debt
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 has expired. Midland Credit ceased credit reporting of the above-referenced account as of May
[redacted] also requests a copy of an agreement signed between him and Midland Credit Management stating that he has a contractual responsibility for the above-referenced debt. Please note that when a creditor "charges-off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
With that said, to help alleviate [redacted]s concerns, although such documentation is not normally provided, copies of the bills of sale between [redacted], and [redacted] and Midland Funding are enclosed. A copy of a seller data sheet confirming the account was included in the purchase from [redacted] is also enclosed
Additionally, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please be assured that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies.
With that said, if [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at [redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
"margin: 0in 0in 0pt;" class="MsoBodyText3">Thank you for your letter inquiry dated May 13, 2014, regarding [redacted]'s complaint, which Midland Credit Management, Inc(hereinafter "Midland Credit") received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
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 February 4, as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 18, 2009. The balance at the time of purchase was $1,
[redacted] expresses a concern that her validation request was ignored, and requests the account be deleted from her consumer credit files. A review of Midland Credit's business records indicates that shortly after Midland Funding acquired the above-referenced account, on September 30, 2009, 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 (U.S.C§ 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. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." (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
With that said, please note that while Midland Credit has acted timely and appropriately, Midland Credit previously made the business decision to close the account. Midland Credit has not been reporting the account to the credit reporting agencies since November 18, 2010. Prior to receiving the complaint from your office, Midland Credit received [redacted]'s correspondence as mentioned within her complaint, and mailed [redacted] a letter on April 28, confirming the tradeline was deleted
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
"">Thank you for your letter inquiry dated March 10, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc(hereinafter "Midland Credit") received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions
A review of Midland Credit's business records
indicates that [redacted] has retained an attorney. Going forward, all communication about the
matter should be handled by her attorney. If [redacted] is no longer
represented by an attorney, please provide Midland Credit with written notice
so it may update its records and allow its representatives to communicate with
her directly
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 11, 2011.
Information provided by the seller, [redacted],
at the time of acquisition indicates this account was originated on January 2,
as a [redacted] account number ending in [redacted], in the name
of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on August 9, 2009.
The balance at the time of purchase was $689.91. Final payment on the account was received
August 8, 2013. [redacted] has no further financial obligation to
the account
[redacted] questions whether Midland Credit was
accurately reporting the above-referenced account to the credit reporting
agencies. A review of Midland Credit's
business records indicates that shortly after Midland Funding acquired the
above-referenced account, on March 13, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had
acquired the account, and of her rights pursuant to the Fair Debt Collection
Practices Act (U.S.C§ et seq.) ("FDCPA"). The letter was mailed to the same address
listed within [redacted]'s complaint via the United States Postal Service,
and was not returned as "undeliverable" – satisfying the requirements set forth
within the FDCPA. A review of Midland
Credit's business records indicates that it received the first written correspondence
from [redacted] on December 16, 2013, after final payment for the account
was completed
The FDCPA specifically
states that, unless a consumer provides a debt collector with notice of such a
dispute within days of receiving the initial validation letter, "the debt
will be assumed to be valid by the debt collector." (U.S.C§ 1692g(a)(3).) Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt
[redacted] also
questions the reporting language on her credit report. Midland Credit has been advised, and the
standard in the industry is that as a debt buyer, it should report accounts as:
current status – collection account; type of account – open; type of loan –
factoring company account; additional information – collection account. For purposes of credit reporting, the term
"Open (Portfolio Type)" has the following definition: "Accounts where the
entire amount is due upon demand or that have one payment due as scheduled
(i.e., Terms Duration = 001)." That
indicates that the account is currently open, due and owing in one
payment. Further, e-OSCAR, the online
credit reporting system, provides the following definition of a factoring
company: "Factoring Company - A company
that purchases accounts with the intent of collecting debts owed." Midland Credit has been advised by two credit
reporting agencies that it should be classified as a factoring company for
credit reporting purposes.
[redacted] is
encouraged to communicate directly with the credit bureaus should she have any
further concerns about the nomenclature that Midland Credit is compelled to use
in credit bureau reporting. Based on the
law and guidelines governing credit reporting, it would appear that the account
was being correctly reported. In
addition, if [redacted] obtained her credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself
With
that said, while Midland Credit was accurately reporting the above-referenced
account, it has made the business decision to delete its tradeline from [redacted] consumer credit files. While
the account's status will remain "Account
paid in full, was a collection account," the credit-reporting agencies have
been notified to delete all reference to this account from [redacted]'s
consumer credit files
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers' rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
"margin: 0in 0in 0pt;" class="MsoBodyText3">Thank you for your letter inquiry dated April 16, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc(hereinafter "Midland Credit") received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit is the servicer of the two accounts belonging to [redacted] referenced in the complaint forwarded by your office. Midland Credit became the servicer of account no[redacted], 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 December 17, 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 5, 2010. The balance at the time of purchase was $931.83. The current balance including interest accrued and payments received is $633.00.
Midland Credit became the servicer of account no[redacted], on behalf of purchaser, Midland Funding, LLC ("Midland Funding") on August 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 19, 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 March 16, 2009. The balance at the time of purchase was $2,050.01. The current balance including interest accrued and payments received is $1,525.01.
[redacted] expresses a concern that her father-in-law's phone number was being called by Midland Credit representatives despite verbally advising that only her phone number of [redacted] was be used. Midland Credit has conducted an investigation into the alleged conduct of its employeesDue to an administrative oversight, [redacted]' father-in-law's phone number was only disabled on one of the two above-referenced accounts. Midland Credit apologizes and has marked all phone numbers on both of the above-referenced accounts as "Do Not Call," with the exception of phone number [redacted]
Please advise [redacted] that Account Manager [redacted] continues to be her point of contact regarding completion of the on-going payment plans for each of the above-referenced accounts. She can be reached at [redacted] regarding any questions about the payment plans in place
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]
Thank you for your letter inquiry dated September 8,
"">, regarding Mr[redacted]'s complaint, which Midland Credit Management, Inc("Midland Credit") received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC ("Midland Funding"), on December 31, 2013. Information provided by the seller, [redacted], Inc., at the time of acquisition indicates this account was originated on October 27, as a WebBank/Fingerhut 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 28, 2013. The balance at the time of purchase was $
Mr[redacted] expresses a concern that this account is a result of identity theft On January 16, 2014, Midland Credit mailed Mr[redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq. ("FDCPA"). Please note that the letter was mailed to Mr[redacted] via the United States Postal Service, and was not returned as "undeliverable" – satisfying the requirements set forth within the FDCPA
Midland Credit's business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr[redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." U.S.C§ 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr[redacted] and collect the debt
Mr[redacted] also writes that Midland Credit has not assisted him with his dispute, and has not requested a police report from him. However, Midland Credit's business records indicate that on July 28, 2014, Midland Credit received a phone call from Mr[redacted] advising that he was a victim of identity theft. The account manager provided Mr[redacted] with Midland Credit's mailing address, and requested that he send in a copy of his police report. Mr[redacted] advised that it would not be available for days, but he would mail it in as soon as possible.
Prior to receiving the complaint, on August 28, 2014, Midland Credit received a police report from Mr[redacted]. After reviewing his police report, based on the information contained within the report, and in accordance with Midland Credit's policy to react affirmatively to consumer issues, the account was closed. There will be no further collection activity or sale of this account. In addition all three credit-reporting agencies have been notified to delete all reference to Midland Credit's trade line from consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to Mr[redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at (800) 825-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]