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Address: 11045 96 St, Edmonton, Alberta, Canada, T5H 2L1
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December 1, 2017VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of Mr [redacted] S [redacted] Revdex.com# [redacted] MCM #: [redacted] Original Creditor: [redacted] ***.Original Account #: [redacted] Dear Revdex.com:Thank you for your letter inquiry regarding Mr [redacted] ’s complaint, which Midland CreditManagement, Inc(“Midland Credit”) received on October 10, Midland Credit is the servicerof the above-referenced account on behalf of the current owner, Midland Funding, LLC (“MidlandFunding”)On October 17, 2017, Midland Credit advised that it needed more time to complete itsinvestigationMidland Credit appreciates the opportunity to answer your questions.A review of Midland Credit’s business records indicates that Mr [redacted] has retained an attorney.Midland Credit has no record of his attorney’s contact informationPlease have Mr [redacted] provide his attorney’s information, if applicable, so that we may contact him/her directlyIf MidlandCredit does not receive attorney information in the next days, it will assume that Mr [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.Mr [redacted] states that he is being asked to pay a [redacted] account from which is not onhis credit report, and states that he is not responsible for the debtPlease note that Midland Creditpreviously ceased furnishing information for the account in April – however, the expirationof the seven-year Federal Reporting period does not extinguish a debtIt only prevents theaccount information from being furnished to the credit reporting agenciesThe above-referencedaccount still remains collectible, due and owing to Midland Credit as servicer for Midland Funding.A copy of the verification information provided by the seller is enclosedPlease note that basedon the information provided by the seller, Midland Credit has determined that its file is accurate.Midland Credit will be closing its investigation of Mr [redacted] ’s dispute and will be resuming regularcollection activities as allowed by the Texas Finance Code.Per Mr [redacted] ’s request to not be contacted, the above-referenced account has been marked“Cease and Desist.” While it remains due and owing, Mr [redacted] will no longer receivecorrespondence or calls from Midland Credit representatives unless a response is required bylaw.Midland Credit considers consumer complaints a serious matter and fully respects consumers’rightsMidland Credit apologizes for the inconvenience caused to Mr [redacted] .Thank you again for your assistance in this matterPlease contact Midland Credit’s ConsumerSupport Services team at (800) 825-ext [redacted] should you have any further questions.Sincerely,Midland Credit Management, Inc[redacted] ***,Senior Manager Operations, Consumer Support Services
Dear [redacted] Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received November 18, Midland Credit appreciates the opportunity to answer your questions An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted] Midland Credit became the servicer of account no [redacted] , on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 20, Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 26, as a [redacted] account number ending in ***, in the name of [redacted] ***, under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on January 31, The balance at the time of purchase was $6, Midland Credit became the servicer of account no [redacted] , on behalf of purchaser, Midland Funding, on October 27, Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on January 10, as a [redacted] account number ending in ***, in the name of [redacted] under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, The balance at the time of purchase was $3, [redacted] expresses a concern that she has not been provided documentation regarding money that is owed Midland Credit mailed [redacted] separate and unique validation letters – on October 31, 2011, for account no [redacted] , and on December 6, 2011, for account no [redacted] These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq (“FDCPA”) Please note that the letters were mailed to [redacted] at the same address listed within her complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA U.S.C§ Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters A review of Midland Credit’s business records indicates that it began receiving notices of possible dispute from the credit reporting agencies in January for both accountsPlease note Midland Credit appropriately responded to the notices of possible dispute with letters requesting further information regarding the basis of her dispute, as well as sending verification information provided by the seller On November 11, 2015, verification information was once again mailed to [redacted] regarding both accounts in response to email correspondence received November 5, from her Another copy of the documentation, for both accounts, is enclosed for [redacted] records Additionally, a review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate [redacted] states she has sent documentation numerous times regarding her claims the account was settled in However, a review of Midland Credit’s business records indicates it has not received such documentation Midland Credit stands ready to assist [redacted] in clearing her record if Midland Credit is somehow attempting to collect an account which was resolved prior to Midland Credit becoming the servicer, and requests that she provide documentation or evidence which substantiates Ms [redacted] claim [redacted] can contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support her request Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead Per [redacted] concerns that she has been harassed for two years, the above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to [redacted] Thank you again for your assistance in this matter Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions Sincerely, Midland Credit Management, Inc [redacted] Corporate Counsel, Legal Affairs & Compliance *Admitted in Colorado; Registered In-House Counsel in California [redacted] Enclosure
Dear [redacted] Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received May 12, Midland Credit appreciates the opportunity to answer your questions A review of Midland Credit’s business records indicates that [redacted] had previously retained an attorney Midland Credit has not received written notice he is no longer represented by legal counsel As such, going forward, all communication about the matter should be handled by his attorney If [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 8, Information provided by the seller, [redacted] , at the time of acquisition indicates this account was originated on January 14, 2004, as a [redacted] account number ending in ***, in the name of [redacted] ***, under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, The balance at the time of purchase was $4, [redacted] expresses a concern that the account status was not updated properly following settlement of the account A review of Midland Credit’s business records indicates that on October 20, 2013, this account was assigned to Midland Credit’s [redacted] collections department (“ [redacted] ***”) whose mailing address is [redacted] Midland Credit has forwarded a copy of [redacted] ***’s complaint to the firm and inquired with them regarding the matter The firm has advised that a settlement amount of $was agreed to and satisfied via a payment received by [redacted] in July Due to administrative oversight, the account status was not updated in Midland Credit’s records until January At that time, Midland Credit notified the three major credit reporting agencies to report the account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” Further review indicates the account has been reporting as such since January While the current reporting is accurate, the three major credit reporting agencies have been notified to delete Midland Credit’s reference to the collection account from [redacted] ***’s consumer credit files Midland Credit will continue to reflect the account as Paid within its files Please advise [redacted] that it may take the credit bureaus up to days to reflect the removal of the account on his credit report [redacted] has no further obligation for this account Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to [redacted] *** Thank you again for your assistance in this matter Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions Sincerely, Midland Credit Management, Inc [redacted] Corporate Counsel, Legal Affairs & Compliance *Admitted in Colorado; Registered In-House Counsel in California [redacted] ***
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below [Midland as a Debt Buyer should no they didn't give proper validation, in which I will remind them what it is and that I never received proper validation under Federal and State law, even court cases to support what I'm saying is true and factual, in which I'm willing to sign and notarized an affidavit for court.a If a consumer disputes information with the CRA, both the CRA and the furnisher have a duty to reasonably investigate and verify that the information is accurateUSC § 1681(a)(1)(A), 1681s-2(b) [redacted] b Any knowing re-aging or reinsertion of inaccurate information subsequent to an adequate investigation logically falls under § 1681s-2(b)(1)(E) as wellSee Cunningham v Ocwen c When notified of a dispute about information furnished to a CRA, § 1681s-2(b) obligates a person to conduct an investigation and report the results to the CRAU.S.C§ 1681s-2(b)(1)The Fourth Circuit has held that investigation must be a reasonable one “to determine whether the disputed information can be verified.” Johnson vMBNA AmBank, N.A., F.3d 426, 430-(4th Cir2004) d As the court noted in Larson v Ford Credit, No06-cv-JMR/FLN, WL (DMinn2007), “[t]he majority of courts considering the question have drawn upon defamation’s traditional ‘multiple-publications rule’Under this rule, each publication of the same falsehood by the same defamer is a separate cause of action, thus starting the limitations clock anew.” (citing Restatement (Second) of Torts § 577A(1)In the FCRA context, this means each transmission of an erroneous credit information is a separate FCRA violation(,after failing to perform a reasonable investigation and subsequently re-certifying information to the CRA’s each month thereafterThis would negate the possibility of any time barred allegations connected to their actions by the Plaintiff when the violations were on going at the time the complaint was filed) my addition in red [redacted] Darlene Kellum v Midland Credit Management, INC., [redacted] Services, LLC, Verizon Wireless; and FCNB-Spiegel US DistCourt, WDistof California No CIV-12-718-C (Memorandum Opinion and Order) DocpgFDCPA no validation continued collection practicesaA copy of the consumer credit contract is not sufficient to validate the debtValidation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the accountPacific Concrete F.C.UVKauanoe, Haw334, P.2d (1980), GE Capital Hawaii, IncvYonenaka P.3d 807, Hawaii 32, (Hawaii App 2001), Fooks vNorwich Housing Authority ConnLRptr371, (ConnSuper.2000), and Town of Brookfield vCandlewood Shores Estates, IncA.2d 1218, Conn(1986)and Solon vGodbole, IllApp3d 845, IllDec890, NE.2d (3Dist1987).bLetter from Federal Trade Commission (FTC) Attorney [redacted] to [redacted] stating that reporting a devt to a CRA constitutes a collection activity under § 1692g(b)Several cases have relied upon the FTC letter as persuasive authority that reporting a debt to a CRA is a collection activityBrooks v Midland Credit Management, Inc., et al., http://www.leagle.com/decision/In%20FDCO%, See, e.g., Purnell vArrow FinServsLLC, FApp'x 297, n(6th Cir2008); Mascona vCalBusBureau, No10-CV-BEN (CAB), WL 5085522, at *3-(S.DCalOct25, 2011); Edeh vMidland Credit Mgmt., F.Supp.2d 1030, (DMinn2010), aff'd, FApp'x (8th Cir2011); Quale vUnifund CCR Partners, F.Supp.2d 1274, 1278-(S.DAla2010)ACTUAL/PUNATIVE DAMAGESa [redacted] vBranch Banking and Trust Coof VA, F3d - Court of Appeals, 4th Circuit This case clearly does involve the third factor, the "financial vulnerability" of "the target of the conduct." State Farm, U.Sat 419, S.Ct [redacted] has a modest income and limited resources compared to BB & TFurthermore, BB & T's conduct rendered [redacted] significantly more financially vulnerableThe CRAs lowered [redacted] ' credit score substantially because of the reported debt, making it impossible for him to obtain a new loan at a favorable interest rate, but the CRAs would not have factored this debt into [redacted] ' credit score if BB & T had reported the disputeThus, BB & T's refusal to correct its error made it more difficult for [redacted] to access credit and increased his financial vulnerabilityCfIn re [redacted] , B.R735, 740-(BankrE.D.N.Y.2007) (collecting cases involving furnishers allegedly refusing to correct reports to CRAs in order to pressure debtors into paying discharged debts, in violation of bankruptcy law)BB & T's intentional misconduct and longstanding refusal to correct its errors are more reprehensible than negligence or a mistake quickly correctedSee, e.g., Bains LLC vArco ProdsCo., F.3d 764, (9th Cir.2005) (reasoning that a company's failure to remedy or address the effects of a statutory violation supports punitive damages award); Bogle vMcClure, F.3d 1347, (11th Cir.2003) (considering conduct more blameworthy for purposes of punitive damages analysis when it was "more than mere accident" and engaged in "intentionally")ENCORE LIABILITY aHernandez vMidland Credit Mgmt., Inc., WL (N.DIllMar14, 2006) Allegation showing that the defendant Encore at least "indirectly" engaged in the collection of a debt for a third party were adequate to state a claim that the defendant was a "debt collector" under the FDCPA Encore is a debt buyer that owns Midland which was collecting the debt by sending out a notice for EncoreMARTHA VASALLE, et al., v MIDLAND FUNDING LLC, et al, US DistCourt, Northern District of Ohio, Western Division Case No3:11-cv- [redacted] Overturned settlement and CFPB/FCC amicus brief in opposition to the class action settlement.Also, I will turn this over immediately to [redacted] , national Attorney and will be contacting the California Bar in regards to [redacted] Regards, [redacted]
November 18, VIA E-Mail [redacted] Revdex.com of San Diego Murphy Canyon, Ste San Diego, CA Re: Consumer complaint of [redacted] Revdex.com# [redacted] MCM# [redacted] Dear [redacted] Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received November 4, Midland Credit appreciates the opportunity to answer your questions An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 1, Information provided by the seller, [redacted] ***, at the time of acquisition indicates this account was originated on June 1, as a [redacted] ***/ [redacted] account number ending in ***, in the name of [redacted] , under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on August 14, The balance at the time of purchase was $2, Information provided in the submission through your office, and a review of Midland Credit’s business records indicates that [redacted] is the attorney-in-fact for [redacted] , who is the consumer [redacted] expresses concern that she received repeated calls, and was requesting that any payment plans be presented in writing, and that the calls to her stop On November 2, 2015, Midland Credit received correspondence from [redacted] requesting no more calls At that time, [redacted] account was appropriately marked “Direct Mail Only.” [redacted] also writes that [redacted] is unable to pay due to the hardships of advanced age and health issues In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account There will be no further collection activity or sale of this account Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to [redacted] Thank you again for your assistance in this matter Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions Sincerely, Midland Credit Management, Inc [redacted] Corporate Counsel, Legal Affairs & Compliance *Admitted in Colorado; Registered In-House Counsel in California [redacted] ***
October 28, VIA E-Mail [redacted] Revdex.com of San Diego Murphy Canyon, Ste San Diego, CA Re: Consumer complaint of [redacted] Revdex.com# [redacted] MCM# [redacted] Dear [redacted] Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received October 19, Midland Credit appreciates the opportunity to answer your questionsMidland Credit provided all of the account identifying information in its previous letter response to your office dated October 6, As mentioned in its previous response, Midland Credit received account information directly from the seller, [redacted] ; however, based on [redacted] claims of inaccuracy, Midland Credit conducted further research and was able to confirm that [redacted] did go through a conversion in September 2013, and that the statements it sent out at that time included information regarding the conversion [redacted] also stated that it sent out a packet to [redacted] to the address it had on file at the time of the conversionIn addition, [redacted] advised that it has no record of [redacted] disputing the account [redacted] indicates that all correspondence was sent to an incorrect address and he was never served with a lawsuitMidland Credit’s Internal Legal Department (“Internal Legal”) was unaware that it had an incorrect address until September 13, 2016, when it received returned mailInternal Legal has subsequently updated the addressInternal Legal indicates that suit was filed on July 21, 2015, and [redacted] was served via certified mail on or about August 24, Garnishment was requested shortly thereafter, and [redacted] filed an objection to the Wage Execution, which was denied by the court on October 6, The garnishment was then issued on October 7, Internal Legal proceeded with the Wage Execution and filed the Application for Wage Execution on October 12, [redacted] states that he sent a letter prior to the Wage Execution indicating an intent to settle and requested that the negative information be removed from his credit report, but did not receive a responseIn the initial Revdex.com complaint [redacted] alleges that he agreed to settle for 1% of the debt but had not received a response from Midland CreditInternal Legal has no record of receiving any type of correspondence from [redacted] offering to settle prior to receipt of the Revdex.com complaintOn October 14, 2016, [redacted] contacted Internal Legal but made no mention of a settlement during that conversation either In keeping with its Consumer-First approach, Midland Credit recently updated its policy regarding paid tradelines where the date of delinquency is over two years old, which is the case for [redacted] accountWith that said, Midland Credit encourages [redacted] to continue to work with Internal Legal to assist in reaching a positive resolution [redacted] may reach Internal Legal at PO Box 939050, San Diego, CA Their contact phone number is [redacted] Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to [redacted] Thank you again for your assistance in this matter Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions Sincerely, Midland Credit Management, Inc [redacted] Senior Corporate Counsel, Legal Affairs & Compliance [redacted] ***
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below.I have worked very hard on correcting my past credit mistakes and getting my credit in checkI called Midland and offered to pay the debt if it was to be deleted from my credit files, The account manager that had hounded me for payment previously agreed that the account would be removed from all credit bureaus when I made the paymentI made the payment and held up my end of the deal, Now Midland is not honoring their end of the dealI assume all calls are recorded so you can go back and review calls and hear him tell me that it would in fact be deletedSo basically Midland lied to me just to get their money and I am stuck with this collection on my reports (a paid collection is just as bad as an unpaid one) This is the only thing dragging my credit down pretty much ruining all of my past work getting my credit scores upIf this is not deleted I wasted my time doing all that I did in order to bring up my scores I would like for Midland to go to the recorded calls and hear their Account manager tell me that the collection would be deleted from all agencies when I made the paymentI will not rest until Midland honors their word and this collection is deleted from my recordI understand that they have to accurately report accounts to the credit agencies however I am asking them to delete it all together which can be done because technically I no longer have an account with them so they would just not report it at allI will ask one more time that Midland who claims that they put customers first would honor what I was told and delete the collection from my records, If they fail to do so I will seek other routes and have it done Regards, [redacted]
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below.I too take this complaint very serious as this is affecting MY credit and keeping me from purchasing a home and from getting specific jobs that I am qualified for so this is absolutely no inconvenience to anyone but myselfMidland has mailed me the following correspondence to my address in which I have attachedThey STILL have yet to provide adequate proof to validate this alleged debtStatements ARE NOT validation and the Bill of Sale with information blacked out or not means absolutely nothing and only looks pretty on paperAs previously asked...they were to send me a contract between myself, the original creditor, and midland that I have signedI have NOT received this contract because they do not have it and it does NOT exist Also, midland doesn't have a notarized affidavit of verification from the original creditorIf a contract does exist, it would be between myself and the original creditor and NOT myself, the original creditor and midlandSo, midland would NOT be a party with any interest to protect and therefore can NOT subrogate onto a contract without my request for them to do soMidland would be a stranger to any contract and always will beI am NOT obligated to pay for the alleged debtThe right of subrogation does not exist for a stranger to the transaction AmJur 2nd, Section Meaning, There is no right to substitute someone or some entity that was not on an original contractIt is not allowedI have NOT signed a contract with Midland Credit Management nor do I know who they areI have NOT nor have I EVER received services from Midland Credit Management I DO NOT owe a dime nor penny or anything more to Midland Credit ManagementFurthermore, Midland states that the date of first default is January The original creditor [redacted] is incorporated in Delaware and the statute of limitations for Delaware is "years"Based on today's date of July 26th years from the date of first default January has passed and it is now time barredCase law says the collector (midland) are not allowed claim a better position than the original creditorMidland you are completely and totally breaking the law and that is factI demand that Midland fully and permanently cease and desist Midland agrees to have no contact in any form with me regarding this account now or in the futureI also demand that Midland remove the negative report against my ssn at any credit reporting agency, including but not limited to Transunion, Equifax, and Experian and that this debt not be resold to any other agencyMidland mails me a letter of confirmation that this account has been deleted from my credit file of the above listed reporting agenciesLastly, they agree to remove my personal information from all accounts in their companies databaseI request all of my demands are met IMMEDIATELY Thank You in advance, [redacted] [redacted]
April 15, VIA E-Mail Ms [redacted] Revdex.com of San Diego Murphy Canyon, Ste San Diego, CA Re: Consumer complaint of [redacted] T [redacted] Revdex.com# [redacted] MCM# [redacted] and [redacted] Dear Ms***: Thank you for your letter inquiry regarding Mr***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received April 1, Midland Credit appreciates the opportunity to answer your questions An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to Mr*** Midland Credit became the servicer of account no [redacted] , on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on April 27, Information provided by the seller, [redacted] ***., at the time of acquisition indicates this account was originated on December 6, 2008, as an [redacted] ***./ [redacted] account number ending in ***, in the name of [redacted] T ***, under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, The balance at the time of purchase was $ Midland Credit became the servicer of account no [redacted] , on behalf of purchaser, Midland Funding, on June 15, Information provided by the seller, [redacted] ***, at the time of acquisition indicates this account was originated on June 15, 2009, as a [redacted] ***, N.A [redacted] account number ending in ***, in the name of [redacted] ***, under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on October 22, The balance at the time of purchase was $ Mr [redacted] expresses a concern that the above-referenced accounts were paid in full to the original companies Midland Credit mailed Mr [redacted] separate and unique validation letters – on May 1, 2010, for account no [redacted] , and on June 26, 2015, for account no [redacted] These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq (“FDCPA”) The letters were 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 written correspondence disputing the debts or requesting validation from Mr [redacted] in response to the letters A review of Midland Credit’s business records indicates that it received the first notification of a possible dispute from the credit reporting agencies on or about March 15, for account no [redacted] and on or about January 6, for account no [redacted] In response to the notices of possible disputes, Midland Credit sent Mr [redacted] separate letters requesting more information regarding the nature of his dispute on March 17, 2012, and January 20, 2016, respectivelyHowever, to date, Midland Credit has not received any documentation supporting Mr***’s claim Mr [redacted] expresses an additional concern that he is unemployed and on permanent disability With that said, please note that Midland Credit acted in a timely manner and has complied with all applicable laws However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the accounts There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from Mr***’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 Mr*** 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 [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 [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below This action against Midland Credit Management/EncorePursuant to Government action (ADMINISTRATIVE PROCEEDING File No-CFPB-0022) Consent Order filed by CFPB vsEncore/Midland Credit ManagementEncore/ Midland Credit Management has violated several laws pursuant in this action against me by failing to communicate this too credit bureausWhich has caused me Severe Damage to my credit by being denied credit because of this one collection on my three credit reportsA.Cease and Desist Order - FAILED TO REPORT TO CEDIT BUREAUS (paragraph Item D) BPast Statute of limitations C.Filing Misleading Collection Affidavits D.Different opened and closed dates without explanation of interest calculations EOrder to Pay Redress pursuant to paragraphs 143-Consent Order Paragraph Numbers 143-Remove From all three credit reports and compensation ,if applicable Regards, [redacted]
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me I will wait for the business to perform this action and, if it does, will consider this complaint resolved Regards, [redacted] ***
September 14, VIA E-Mail [redacted] Revdex.com of San Diego Murphy Canyon, Ste San Diego, CA Re: Consumer complaint of [redacted] Revdex.com# [redacted] MCM# [redacted] Dear [redacted] Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received July 28, Midland Credit appreciates the opportunity to answer your questions An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 25, Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 13, 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 29, The balance at the time of purchase was $ [redacted] writes that there is no signed contract with Midland Funding or its servicer, Midland Credit Consumers are sometimes unclear as to what the term “charge off” means for a debt When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books Often, they then sell the debt Please note that the underlying promissory obligation remains valid, due and owing Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account On May 14, 2014, Midland Credit mailed [redacted] a validation letter The letter was mailed to [redacted] via the United States Postal Service and was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”) U.S.C§ In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (U.S.C§ 1692) Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter Upon receipt of [redacted] ’s complaint, Midland Credit acknowledged her dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt Midland Credit has since obtained verification information from the seller A copy of the verification information is enclosed [redacted] questions whether the account is collectible due to the expiration of the statute of limitations A review of Midland Credit’s business records indicates that the statute of limitations has expired However, please note that the passing of the statute of limitations does not extinguish the validity of a debt Rather, it eliminates litigation as a potential remedy The above-referenced account still remains collectible, due and owing to Midland Credit as servicer for Midland Funding Since receipt of the complaint, [redacted] has called Midland Credit to discuss payment options to resolve the balance of the account Should [redacted] have any questions regarding her payment arrangement, she may reach her Account Manager [redacted] at [redacted] requests that this account be removed from all three credit bureaus immediately A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate If Midland Credit were to delete the account, its correct and accurate status would not be reflected 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
August 19, VIA E-Mail [redacted] Revdex.com of San Diego Murphy Canyon, Ste San Diego, CA Re: Consumer complaint of [redacted] Revdex.com# [redacted] MCM# [redacted] Dear [redacted] Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received August 11, Midland Credit appreciates the opportunity to answer your questions An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted] *** Midland Credit became the servicer of account no [redacted] , on behalf of pur***r, Midland Funding, LLC (“Midland Funding”), on February 28, Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 20, as a [redacted] account number ending in ***, in the name of [redacted] ***, under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on July 30, The balance at the time of pur [redacted] was $2, Midland Credit became the servicer of account no [redacted] , on behalf of pur***r, Midland Funding, on February 28, Information provided by the seller, ***, at the time of acquisition indicates this account was originated on December 19, as a [redacted] account number ending in ***, in the name of [redacted] ***, under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on July 30, The balance at the time of purhase was $1, Midland Credit became the servicer of account no [redacted] , on behalf of purchaser, Midland Funding, on October 14, Information provided by the seller, [redacted] ***, at the time of acquisition indicates this account was originated on October 3, as a [redacted] credit card account number ending in ***, in the name of [redacted] ***, under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on June 7, The balance at the time of purchase was $1, [redacted] alleges that Midland Credit never responded to her request for validation Midland Credit mailed [redacted] separate and unique validation letters – on March 9, 2012, for account no [redacted] , on March 9, 2012, for account no [redacted] , and on October 26, 2013, for account no [redacted] These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq (“FDCPA”) The letters were 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 written correspondence disputing the debt or requesting validation from [redacted] in response to the letters Midland Credit’s business records indicate that it received the first written correspondence from [redacted] on June 20, Prior to receiving the written correspondence Midland Credit had received notices of possible disputes from the credit reporting agenciesBased on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded on May 18, 2016, by sending her a copy of the verification information provided by the seller for account nos [redacted] and [redacted] and letters advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced accounts, was accurate With regard to account no [redacted] , Midland Credit responded to [redacted] by sending her a letter advising her that it had opened an investigation and had requested the appropriate documentationMidland Credit removed the trade line and marked the account as disputed while the investigation was pendingOn July 6, Midland Credit mailed [redacted] a copy of the verification information provided by the seller Although verification information provided by the seller was already mailed to [redacted] in response to her disputes, copies of that documentation are again enclosed for her records 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 FDCPAMidland Credit will be closing its investigation of [redacted] ***’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act If [redacted] is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in her respective account balances Please have [redacted] call Account Manager [redacted] to assist her in reaching a resolution of the account balance Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to [redacted] *** Thank you again for your assistance in this matter Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions Sincerely, Midland Credit Management, Inc [redacted] Corporate Counsel, Legal Affairs & Compliance *Admitted in Colorado; Registered In-House Counsel in California [redacted] Enclosure
Dear Revdex.com:Thank you for your letter inquiry regarding Mr [redacted] complaint, which Midland Credit Management,Inc(“Midland Credit”) received on October 10, On October 19, 2017, Midland Credit advisedthat it needed more time to complete its investigationMidland Credit is the servicer of the above-referenced account on behalf of the current owner, Midland Funding, LLC (“Midland Funding”).Midland Credit appreciates the opportunity to answer your questions.A review of Midland Credit’s business records indicates that Mr [redacted] has retained legalrepresentationMidland Credit has no record of his representation’s contact informationPlease haveMr [redacted] provide his representative’s information, if applicable, so that we may contact them directly.If Midland Credit does not receive the information in the next days, it will assume that Mr [redacted] isnot or is no longer working with legal counsel and will mark his account accordinglyMr [redacted] writes that he has never done business with Midland Funding or its servicer, Midland Credit.Consumers are sometimes unclear as to what the term “charge off” means for a debtWhen a creditor"charges off" an account, it means that the creditor no longer believes the consumer will pay the billand has written the debt off of its booksOften, they then sell the debtPlease note that the underlyingpromissory obligation remains valid, due and owingJust as the original creditor had the right to legallyseek repayment of the promissory obligation, the new third-party purchaser has the right to repaymentof the credit accountThe above-referenced account remains collectible, due and owing to MidlandCredit as servicer for Midland Funding.Mr [redacted] indicates that he does not know what this debt isA copy of the verification informationprovided by the seller is enclosed for Mr [redacted] recordsPlease note that during its investigationperiod, Midland Credit notified the credit reporting agencies to cease reflecting the collection tradelineon Mr [redacted] consumer credit files, and it has made the business decision not to request thetradeline be reinstated.Per Mr [redacted] request for contact to stop, the above-referenced account has been marked “Ceaseand Desist.” While it remains due and owing, Mr [redacted] will no longer receive correspondence orcalls from Midland Credit representatives unless a response is required by law.Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.Midland Credit apologizes for the inconvenience caused to Mr [redacted] .Thank you again for your assistance in this matterPlease contact Midland Credit’s ConsumerSupport Services team at (800) 825-ext [redacted] should you have any further questions.Sincerely,Midland Credit Management, Inc[redacted] ***,Senior Manager Operations, Consumer Support ServicesAR: kmhEnclosure
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below Mr [redacted] , Thank you for your responseUnfortunately it seems you're unwilling to research this issue, and are causing me harm by attempting to collect this debt and by posting incorrect information to my credit reportI've contacted Midland two times via certified mail, on May 26th and July 7th respectively, to attempt to rectify this mistake, Each time, on June 3rd and July 13th, Midland has replied with the same form letter stating that they would not research my disputeClearly they didn't read it As well, they've continued to send letters trying to collect this debt, despite their refusal to validate itMr [redacted] , you state in your letter "a copy of the verification information provided by the seller is enclosed"I received only your page letter on your letter head from the Revdex.com, and no such copy of verification information(TO THE Revdex.com, please confirm that you've only received a page letter from Mr [redacted] ) If you have any verification, please mail it or email it, as it will help me determine how a mistake like this could happen may aid me in getting this removed and resolved Mr [redacted] , I'm not going to, nor will I ever, pay a debt that does not belong to meI respectfully request you truly look into thisI understand you get millions of these debts sold to you, so you follow a standard process, but this is one of the few that's not correctI have continued to ask for validation of the debt times to midland and now once to you, because I know there isn't any, and forcing you to provide it would make you realize this as well Unfortunately, no one will even investigate thisI don't want to take this to court, but be assured I will if neededAnd I will sue not only for your violations of the law but damages for my time, the financial impact of incorrect information reported and its impact on loans etc., legal fees, and emotional and punitive damages Again, I ask that you contact [redacted] One who you bought this from, do whatever you need to do, and get this resolvedIf there's something I need to do to get this resolved, please let me knowThis isn't my debt, Midland shouldn't be trying to collect it, and it shouldn't be reported to the credit bureaus as suchI hope you'll re-evaluate your stance, and try to work with me to get this cleared up Thank You / [redacted] Style Definitions */ Regards, [redacted]
Dear [redacted] Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received February 12, Midland Credit appreciates the opportunity to answer your questions [redacted] filed a similar complaint through the Office of the Attorney General, State of [redacted] (“AG”) A copy of Midland Credit’s response to the AG is enclosed A review of Midland Credit’s business records indicates that [redacted] has retained an attorneyGoing forward, all communication about the matter should be handled by his attorney If [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on June 20, Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on April 3, as a [redacted] account number ending in ***, in the name of [redacted] under the last four of the social security number *** The first delinquency occurred on November 8, Subsequently, the account was charged-off as an unpaid delinquent-debt on May 9, The balance at the time of purchase was $ [redacted] expresses a concern that Midland Credit has refused to provide him information on how he owes the debt Please advise [redacted] 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 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 To advise [redacted] that the account had been sold to Midland Funding, on August 1, 2014, Midland Credit mailed him a validation letter Please note that the letter was mailed via the United States Postal Service to the same address listed within the consumer’s complaint to both your office and the AG The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”) U.S.C§ In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (U.S.C§ 1692) Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter A review of Midland Credit’s business records indicates that while Midland Credit did begin to receive notices of possible dispute from the credit reporting agencies on or about September, 29, 2015, the first direct written correspondence requesting validation that Midland Credit received from [redacted] was on January 15, In response to the initial notice of possible dispute from the credit reporting agencies, Midland Credit appropriately responded to the credit bureaus and sent a letter directly to [redacted] The letter was sent on or about October 14, to the same address listed within his complaint A copy of the verification information provided by the seller was enclosed at that time A review of Midland Credit’s business records indicates that the account information it has been furnishing to the three major credit reporting agencies is accurate In response to his current dispute, another copy of the statement documentation provided by the seller is again enclosed for [redacted] records Please note that the verification information provided by the seller meets the requirements of the FDCPA The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA Additionally, it appears all statements were addressed by the original creditor to the same address listed within [redacted] complaint, and show the account balance starting from zero and ultimately being charged off by the original creditor at the amount of $ This is the same balance purchased by Midland Funding, and being furnished to the three major credit reporting agencies for the account by Midland Credit With that said, in the correspondence Midland Credit received from [redacted] in January 2016, he indicated that he wanted to turn over documentation to the authorities As it appears he is indicating the account may be the product of identity theft or fraud, Midland Credit accordingly stands ready to assist [redacted] in clearing his record if such is in fact the case To that end, Midland Credit again requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized [redacted] can contact Midland Credit online at [redacted] where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead Until such documentation is received, Midland Credit must continue to respectfully conclude that the above-referenced account remains valid, due, and owing to it Per [redacted] request for contact only in writing, the account has been marked “Direct Mail Only.” [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to [redacted] Thank you again for your assistance in this matter Please contact 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 [redacted] Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below.I want the account deleted and to stop being reported to all three credit bureauThe debt is not valid and still have not had any validation of the debt after more then days notice.Regards, [redacted] ***
November 8, VIA E-Mail Revdex.com of San Diego Re: Consumer complaint of [redacted] Revdex.com# [redacted] MCM #: [redacted] Original Creditor: [redacted] Original Account #: [redacted] Affinity: [redacted] Dear Ms [redacted] : Thank you for your letter inquiry regarding Ms [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received October 30, Midland Credit is the servicer of the above-referenced account on behalf of the current owner, Midland Funding, LLC (“Midland Funding”) Midland Credit appreciates the opportunity to answer your questions A review of Midland Credit’s business records indicates that Ms [redacted] has retained an attorneyMidland Credit has no record of her attorney’s contact informationPlease have Ms [redacted] provide his/her attorney’s information, if applicable, so that we may contact him/her directlyIf Midland Credit does not receive attorney information in the next days, it will assume that Ms [redacted] is not or is no longer working with legal counsel and will mark her account accordingly Ms [redacted] states that she did not receive a notice of Midland Credit’s intent to collect on this debt On July 31, 2015, Midland Credit mailed Ms [redacted] a validation letter Please note that the letter was mailed to Ms [redacted] at [redacted] ***, Willow [redacted] ***, the address provided to Midland Credit by the original creditor, via the United States Postal Service The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”) In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA Ms [redacted] states that the account is listed on her credit report with an incorrect company name and an incorrect address Midland Credit furnishes account information to the credit reporting agencies on behalf of the current owner of the account, Midland Funding As such, the account should appear on Ms [redacted] credit report under Midland Funding, LLC Additionally, Midland Credit is currently furnishing information to the credit bureaus using the address listed on this letterhead Ms [redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns Ms [redacted] states that she has requested documentation regarding this account and has not received the information she is entitled to A review of Midland Credit’s business records indicates that it began receiving notices of dispute through the credit reporting agencies on July 24, In response, verification information provided by the seller was mailed to Ms [redacted] on July 27, A copy of the verification information is again enclosed for Ms [redacted] records 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 FDCPAA review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate A review of Midland Credit’s business records indicates that on October 4, 2015, this account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”) The Internal Legal Department advised that a judgment was issued on December 31, 2015, a copy of which is enclosed for Ms [redacted] records Midland Credit encourages Ms [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution Ms [redacted] may reach the Internal Legal Department at PO Box 939050, San Diego, CA Their phone number is (866) 300- In the meantime, per Ms [redacted] previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, Ms [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to Ms [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] ***, Senior Manager Operations, Consumer Support Services [redacted] Enclosure
Dear [redacted] ***: Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc(“Midland Credit”) received August 27, Midland Credit appreciates the opportunity to answer your questions An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 13, Information provided by the seller, [redacted] ***, at the time of acquisition indicates this account was originated on ***uary 11, as a [redacted] account number ending in ***, in the name of [redacted] ***, under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on June 13, The charge-off balance was $Additional seller fees of $resulted in a balance at the time of purchase by Midland Funding of $ [redacted] expresses a concern that their validation requests have been ignored and wants evidence that Midland Credit can collect on the debt On April 15, 2012, Midland Credit mailed the consumer a validation letter, which informed them that Midland Funding had acquired the account, and of their rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq (“FDCPA”) Please note that the letter was mailed to [redacted] at the same address listed within their complaint and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA 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 while it began receiving notices of possible dispute from the credit reporting agencies in August 2015, it did not receive correspondence directly from the consumer prior to the complaint filed through your office The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 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 the consumer and collect the debt [redacted] also questions whether the account is collectible due to the expiration of the statute of limitations as they state they have not had a [redacted] account since *** As indicated above, the debt originated with [redacted] in and was charged off in A review of Midland Credit’s business records indicates that the statute of limitations is not set to expire until February However, please note that the passing of the statute of limitations does not extinguish the validity of a debt Rather, it eliminates litigation as a potential remedy Similar to the statute of limitations, the expiration of the seven-year federal reporting period also does not extinguish a debt It only prevents an account from being reported to the credit reporting agencies A review of Midland Credit’s business records indicates that the seven-year federal reporting period for the above-referenced account does not expire until January Although the current request for validation of the debt is untimely, a copy of the verification information provided by the seller is enclosed for [redacted] records A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account to the three major credit reporting agencies If [redacted] is ready to resolve this debt, they may qualify for a reduction in their account balance Please have the consumer call Midland Credit Account Manager [redacted] at [redacted] to assist them in reaching a resolution of the account balance Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to [redacted] Thank you again for your assistance in this matter Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions Sincerely, Midland Credit Management, Inc [redacted] Corporate Counsel, Legal Affairs & Compliance *Admitted in Colorado; Registered In-House Counsel in California [redacted] Enclosure
November 21, VIA E-Mail Revdex.com of San Diego Re: Consumer complaint of [redacted] Revdex.com# [redacted] MCM #: [redacted] Original Creditor: [redacted] , N.A Original Account #: [redacted] Dear Revdex.com: Thank you for your follinquiry regarding Ms [redacted] ’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received November 15, Midland Credit is the servicer of the above-referenced account on behalf of the current owner, Midland Funding, LLC Midland Credit appreciates the opportunity to answer your questions Ms [redacted] indicates that she has retained an attorneyMidland Credit has no record of her attorney’s contact informationPlease have Ms [redacted] provide her attorney’s information, if applicable, so that we may contact him/her directlyIf Midland Credit does not receive attorney information in the next days, it will assume that Ms [redacted] is not or is no longer working with legal counsel and will mark her account accordingly A copy of the verification information provided by the seller was enclosed in Midland Credit’s previous response to your office As previously advised, the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”) The original contract, complete transaction history, and documentation showing all interest rates are not required under the FDCPAWith that said, a copy of the cardholder agreement for the account is enclosed for Ms [redacted] ’s records Additionally, a review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate Ms [redacted] also states that she has been advised that the time frame to bring the matter to court has passed 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 a debtRather, it eliminates litigation as a potential remedy The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding Per Ms [redacted] ’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, Ms [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights Midland Credit apologizes for the inconvenience caused to Ms [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] ***, Senior Manager Operations, Consumer Support Services AR: kmh Enclosure