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October 27, 2017VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of [redacted]Revdex.com# [redacted]MCM #: [redacted]Original Creditor: [redacted] BankOriginal Account #: [redacted]Affinity: [redacted]Dear Revdex.com:Thank you for your letter inquiry regarding Ms. [redacted]’ complaint, which Midland Credit...
Management, Inc. (“Midland Credit”) received on October 17, 2017. 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.Please note that Midland Credit requires additional time to obtain information regarding this matter. Thank you for your understanding; Midland Credit anticipates providing your office with a complete response within 45 days from the date of this notification.Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.Sincerely, Midland Credit Management, Inc.[redacted],[redacted]
November 4, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous response to your office dated October 20, 2015. In his most recent complaint, [redacted] expresses a desire to have his account deleted from his consumer credit files upon resolving the balance. However, he also states that if Midland Credit will not delete the account he still offers to resolve the account balance for $300.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, it will accept $300 in order to resolve the balance with the understanding that Midland Credit will furnish information for the account as “Account paid in full, was a collection account” with an additional memo stating “Account paid in full for less than the full balance.” Additionally, as [redacted] states he still disputes the account, Midland Credit will also continue to report that the account is disputed. Please have [redacted] call [redacted] to assist him 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]
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
June 9, 2015.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this...
matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 25, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated
on January 3, 2008 as a [redacted]. residential
telephone
account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on February 4, 2011. The balance at the time of purchase was $222.45.
Ms.
[redacted] requests Midland Credit delete this account from her credit
report. Please note that Midland Credit stopped
credit reporting this account in May 2014. If Ms. [redacted] still believes that Midland Credit
is reporting its tradeline on her credit report, she is encouraged to call Midland
Credit’s Consumer Support Services team at [redacted] ext. [redacted].
Ms.
[redacted] writes that she disputes and requests validation of her account. On May 3, 2013, Midland Credit mailed Ms.
[redacted] a validation letter, which informed her that Midland Funding had
acquired the account, and of her rights pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Ms. [redacted] in response to
the letter. In fact, no correspondence
was received directly from Ms. [redacted] prior to the complaint filed through
your office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact Ms. [redacted] and collect the debt.
If
Ms. [redacted] is ready to resolve the above-referenced debt, Ms. [redacted] may
qualify for a reduction in her account balance.
Please have Ms. [redacted] call Account Manager [redacted] at [redacted] ext. [redacted] to assist her in reaching a resolution of the account
balance.
In
the meantime, per Ms. [redacted]’s request for all communication
to be in writing, the above-referenced account has been marked “Direct
Mail Only.” Ms. [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 Ms. [redacted]’s.
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 20, 2015. 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 July 15, 2015. Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing and Midland Credit will continue to report it accurately to the three credit reporting agencies, [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]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
December 15, 2015. 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
November 23, 2015.
[redacted]
continues to express a concern that he did not receive validation in response
to a dispute he sent to Midland Credit in 2013.
He also states Midland Credit has not acknowledged the letter from
February 2013.
Midland Credit
sent [redacted] an initial validation notice in February 2012. In its previous response to your office dated
November 23, 2015, Midland Credit stated it received the first correspondence
requesting validation from [redacted] on February 14, 2013, which cannot be
considered timely. In the same letter
that he requested validation, [redacted] requested that all contact cease and
desist. The account was appropriately
marked “Cease and Desist” at that time. Per
his request to not receive contact, Midland Credit was unable to respond to [redacted] request for validation at that time.
Please note, Midland Credit has acted appropriately
pursuant to applicable law.
Per
[redacted] previous request in his February 2013 letter, the
above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted]
will continue to not receive correspondence or calls from Midland Credit
representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 15, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on August 19, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 27, 2011. The balance at the time of purchase was $650.64.
Midland Credit sent [redacted] a validation letter on June 26, 2015. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on December 21, 2015. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on January 6, 2016 advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Midland Credit has since obtained a copy of the verification information provided by the seller, a copy of which is enclosed for [redacted]’s records.
Please note that based on the information provided by the seller, Midland Credit has again determined that its credit file, and the information being furnished for the above-referenced account, is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
Per [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
July 21, 2017
VIA E-Mail
Revdex.com of San Diego
Dear Revdex.com:
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 13, 2017. Midland Credit is the servicer of the above-referenced accounts on...
behalf of the current owner, Midland Funding, LLC (“Midland Funding”). Midland Credit appreciates the opportunity to answer your questions.
Ms. [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. The above-referenced accounts remain collectible, due and owing to Midland Credit as servicer for Midland Funding.
Ms. [redacted] expresses a concern that there are multiple accounts appearing on her credit report that she is not liable for. The verification information provided by the seller of each of the referenced accounts is enclosed for Ms. [redacted]’s records. Midland Credit’s business records indicates that it is not currently furnishing information to the three major credit reporting agencies regarding account no. [redacted]. Additionally, a review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies for account nos. [redacted] is accurate. If Ms. [redacted] has concerns regarding the information being reported by the original creditor, she may dispute it directly with the credit reporting agencies.
A review of Midland Credit’s business records indicates that on March 19, 2017, account no. [redacted] was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”). Additionally, Midland Credit’s business records indicate that on June 18, 2017, account no. [redacted] was placed with the Internal Legal Department.
Midland Credit encourages Ms. [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution of account nos. [redacted] and [redacted]. Ms. [redacted] may reach the Internal Legal Department at [redacted] [redacted]
If Ms. [redacted] is ready to resolve account nos. 8[redacted], and [redacted], she may qualify for a reduction in her account balances. Please have Ms. [redacted] call Account Manager [redacted] to assist her in reaching a resolution of the account balances.
Per Ms. [redacted]’s request for all collection efforts to cease, the above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, Ms. [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Division Manager, Consumer Support Services
AR: kmh
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.
As we can all now see and has been confirmed by MCM, I was unaware of the pending lawsuit at the time I paid the debt in full, which eliminates the idea that I paid it because I was being sued. Again, I maintain my position that I was led to believe that I would be able to have this deleted from my credit report if I paid in full. It's common knowledge that people settle old debts like this for 25 to 40 cents on the dollar EVERY DAY. I had literally no other incentive to pay in full other than the fact that I thought it would improve my credit report. Everyone knows that a "Paid in Full" notation on a collection account does nothing to help a credit score, and can actually hurt a credit score in some cases. I know that debt collection agencies are dishonest by their very nature, but MCM's steadfastness in denying my simple request to honor their agreement shines a new light on them from my perspective. MCM and Midland Funding have had multiple class action lawsuits brought against them for their deceptive business practices. It's clear to see that they run a shady business with no concern for those they harass. They got every penny they said I owed them, yet they still wish to see my credit damaged for the next several years. Regarding [redacted] assertion that they received no letter from me, I have attached copies of the return mail receipts that were signed by one [redacted] The letter was sent on September 26, 2015, and was signed for by MCM on September 29, 2015. I'm not sure what role [redacted] serves within the company, but he did sign to claim he received the letter. Once again, this is another lie put forward by MCM and Midland Funding. It's a good thing I sent it return receipt, or else we would have had to believe [redacted] false claim. I'm going to allow MCM to read my latest response that catches them in their growing web of lies so that they can resolve this matter before I file suit. In the meantime, my complaints with the agencies in the previous correspondence will be filed. I look forward to MCM's response, and I would appreciate it (as I'm sure [redacted] would) if the outright lies stopped. This has a simple solution, so fix it before you rack up $10,000+ in expenses and hassle over a $736 alleged debt that was paid in full.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 26, 2016. 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 number [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on August 21, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 3, 2011 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 July 3, 2015. The balance at the time of purchase was $1,333.78. A review of Midland Credit’s business records indicates that on January 24, 2016, this account was placed with [redacted]. A judgment was subsequently obtained and a copy is enclosed for her records.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, on November 25, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 20, 2011 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 January 21, 2015. The balance at the time of purchase was $1,109.58.
A review of Midland Credit’s business records indicates that on January 31, 2016, this account was placed with [redacted]. A judgment was subsequently obtained and a copy is enclosed for her records.
[redacted] alleges that her requests for validation have been ignored. Midland Credit mailed [redacted] separate and unique validation letters – on November 20, 2015, for account number [redacted], and on December 11, 2015, for account number [redacted]. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no written correspondence was received directly from [redacted] prior to the complaint filed through your office. Midland Credit did receive a notice of possible dispute from the credit reporting agencies regarding account number [redacted] on July 17, 2016. In response to that notification, Midland Credit mailed [redacted] verification information provided by the seller on July 22, 2016. Although verification information provided by the seller was mailed to [redacted] in response to her dispute, a copy of that documentation is again enclosed for her records as well as verification information for account number [redacted].
Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] expresses a concern regarding the figures reflected on her credit report. The balances being furnished to the credit reporting agencies pertain to the debts themselves and do not include any additional costs and fees associated with collection of the debts such as courts costs related to obtaining the judgments. Those costs are not part of the underlying debt. The account information Midland Credit is furnishing to the three major credit reporting agencies is accurate. The balances being reflected match the amounts charged off by the original creditor and subsequently purchased by Midland Funding.
[redacted] indicates that she received calls and a letter to her place of employment. A review of Midland Credit’s business records show that no calls have been placed to [redacted] this year and [redacted] have advised they have been unable to contact [redacted] over the phone and none of their attempts to contact her by mail were returned as undeliverable. Midland Credit also was unable to locate a notification by [redacted] to cease attempts to contact her.
With that said, per [redacted] request, 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 or it is for a specific purpose related to legal efforts.
Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution. [redacted] may reach the firm at [redacted]. Their 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]
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]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
September 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 18, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on September 20, 2010 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
26, 2014. The balance at the time of purchase was $1,729.03.
[redacted] expresses a concern that he was not aware of this debt and demands
Midland Credit provide validation. On
March 30, 2014, Midland Credit mailed [redacted] a validation letter, which
informed him that Midland Funding had acquired the account, and of his rights
pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). Please note that the
letter was mailed to [redacted] at the same address listed within his
complaint, and was not returned as “undeliverable” by the United States Postal
Service, satisfying the notification requirements of the FDCPA. 15 U.S.C.
§ 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. Midland Credit received the
first notice of a possible dispute from the credit reporting agencies on or
about August 14, 2015. Verification
information provided by the seller was mailed to [redacted] in response to
his dispute on September 2, 2015. A copy
of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records
indicates that the account information it is furnishing to the three major
credit reporting agencies is accurate.
Please
assure [redacted] that Midland Credit is a reputable firm, and that it is a
member of the Revdex.com of San Diego. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law.
If
[redacted] is ready to resolve the above-referenced debt, [redacted] may
qualify for a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account
balance.
In
the meantime, per [redacted]’s previous request, the above-referenced account
will remain marked “Cease and Desist.”
While it remains due and owing, [redacted] will continue to not
receive correspondence or calls from Midland Credit representatives unless a
response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at ([redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
July 23, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 9, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 4, 2012 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 18, 2013. The balance at the time of purchase was $903.60.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit sent her a validation letter on October 6, 2014. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed. In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. These letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015. All of the letters sent to [redacted] were mailed to the same address listed in her complaint.
An additional copy of the verification information provided by the seller is enclosed. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Based on the information provided by the seller, Midland Credit continues to assert that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. Please have her call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted] previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
May 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received 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, 2016.
[redacted] 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 [redacted] was [redacted] In reliance on that information, Midland Credit attempted to contact [redacted] regarding the referenced account using that address.
During a call on April 11, 2016, [redacted] advised a Midland Credit representative that the address was not correct. [redacted] proceeded to provide the representative with his correct address, which was appropriately updated at that time. On April 13, 2016 a letter was mailed to [redacted] 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 [redacted] 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 [redacted] 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 [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I have been asking for quite some time just a copy of the signature and they give no valid reason NOT to show me the signature on this account. Midland stating they did their own internal investigation means nothing to me because the address you are sending the information to is not getting returned. You are sending the mail now to my parent's house. You were previously sending it to a house I did not own any longer due to me moving out of state.Regards,[redacted]
I've received a letter from Midland Credit Management regarding a payment offer, which is dated 02/10/2016. Prior to this, I was unaware of any collections lodged against me by Midland Credit Management until I received this letter. I then ordered copies of my credit reports and noticed that Midland...
Credit Management has an account on each credit bureau's report and the information contained within each report concerning Midland Credit Management varies from bureau to bureau and therefore, is inaccurate.
On the [redacted] report, the 'original lender' is reported as Midland Funding Llc and the 'date assigned' is listed as March, 2013. However, this is inconsistent with the [redacted] and [redacted] credit agencies' reports which lists [redacted] as the 'original lender' with a 'date assigned' as January, 2013. The account number is omitted from the [redacted] report and the account number is encrypted in [redacted] and [redacted] reports. I have never personally opened an account with Midland Credit Management, nor have I ever accepted any extension of credit from Midland Credit Management, and I have never done any business whatsoever with this company.
By reporting to the credit bureaus as the 'original lender', Midland Credit Management is in violation of the Fair Debt Collections Practices Act (FCDPA), and my rights as a consumer, to fair and accurate information furnished to the credit bureaus, which is then reported to my credit file and contained within my credit report. Further, Midland Funding listing itself as the 'original lender' on my credit report is a misrepresentation of the facts, as it is not the 'original lender', but a debt collection agency. According to the FCDPA, "the use of any false representation or deceptive means to collect or attempt to collect any debt" is abusive and is prohibited by debt collectors such as Midland Credit Management, Midland Funding, et al., that lurk as original lenders or original creditors.
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 27, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 28, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 31, 2009. The balance at the time of purchase was $2,683.96.
[redacted] expresses a concern that she was not notified of the account prior to seeing it appear on her credit report. On March 18, 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, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it did receive notices of possible dispute from the credit reporting agencies beginning in March 2015, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Several of the letters sent by Midland Credit were sent to the same address [redacted] lists as her residence in the complaint. However, no response was received by Midland Credit in response to any of its attempts to contact [redacted].
While Midland Credit has not received any direct correspondence from [redacted] disputing the debt prior to her complaint, it did receive notices of possible dispute from the credit reporting agencies. The social security number provided by [redacted] to the credit reporting agencies was a full match for that provided by the seller on this account, confirming that she is the correct consumer. However, due to administrative oversight, response letters to [redacted] were sent to the prior address provided by the seller instead of to her current address. Her address has been updated in Midland Credit’s system. A copy of the verification information provided by the seller is enclosed. 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 the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution 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
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]
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]
April 21, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 7, 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 March 30, 2016. [redacted] continues to express concern that her request for validation from July 2015 was ignored, that she never received a response from [redacted] and requests specific information and validation of the debt.
A review of business records indicates that [redacted] response to [redacted]’s validation request was mailed on September 25, 2015 to the same address listed in her original complaint, [redacted]
As indicated in its previous response, the original creditor is [redacted], account no. ending in [redacted]. Enclosed is a copy of the bill of sale verifying Midland Funding as the rightful owner of the account. The account was charged off on February 18, 2014, with a balance of $1,213.16. The balance at the time of purchase by Midland Funding was $1,213.16. The current amount due is also $1,404.16, which is the charge-off balance of $1,213.16 plus $191.00 in costs.
The verification information provided by the seller was provided to [redacted] in the response from [redacted] on September 25, 2015, and in Midland Credit’s previous response. The date of delinquency for the account occurred on August 23, 2013. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also requests information about any insurance claims made by any creditor regarding the account. If [redacted] has concerns or questions about insurance claims made by the original creditor, she may contact [redacted] directly. Midland Credit has not made any insurance claims regarding this account.
Additionally, [redacted]’s letter references a requirement that Midland Credit respond to her dispute within 30 days. Please note that neither the FDCPA nor existing law requires a debt collector to provide a response within 30 days. Midland Credit takes all allegations of improper conduct seriously, and does everything it can to avoid any possible violation of the FDCPA and other applicable laws and regulations. While Midland Credit acknowledges [redacted]’s right to dispute the debt, Midland Credit is handling her account appropriately and will continue to do so.
Midland Credit must respectfully conclude that it and [redacted] have acted in a timely manner and have complied with all applicable laws. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution. [redacted] may reach [redacted] at [redacted] Their 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]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
July 20, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates...
that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on February 25, 2011. Information provided by the seller, FIA Card Services, N.A., at
the time of acquisition indicates this account was originated on July 25, 2007 as a
Bank of America VISA account number
ending in [redacted], in
the name of [redacted] G [redacted],
under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 31, 2009. The balance at the time of purchase was $915.01.
Mr.
[redacted] expresses a concern that Midland Credit has re-aged the account by listing
an open date that is later than the original.
While Midland Credit is sensitive to Mr. [redacted]’s concern, Midland Credit
does not alter or modify any of the original account information provided by
the seller, such as the name of the consumer, the date of origination, or the
date of occurrence. Midland Credit
reports the information on the accounts it services based on the business
records maintained by the original lender/seller.
In
accordance with the Credit Reporting Resource Guide produced by the Consumer
Data Industry Association, the open date being reported on this account
reflects the “date that the account was purchased by the debt buyer or
placed/assigned to the third party collection agency.” The open date listed on Mr. [redacted]’s credit
report is in fact the date of purchase by Midland Funding LLC. 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.
Mr.
[redacted] also expresses concern that the information reflecting on his consumer
credit files differs between credit reporting agencies. Midland Credit reports the same information
to all three credit reporting agencies each time it reports. If Mr. [redacted] obtained his credit report from a
compilation source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
Mr.
[redacted] further questions the validity of the account. On March 7, 2011, Midland Credit mailed Mr. [redacted]
a validation letter, which informed him that Midland Funding had acquired the
account, and of his rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [redacted] in response to the
letter. In fact, no correspondence was
received directly from Mr. [redacted] prior to the complaint filed through your
office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. §
1692g(a)(3). Because Midland Credit did
not receive such a notice at the time, Midland Credit appropriately proceeded
with efforts to contact Mr. [redacted] and collect the debt.
Although
Midland Credit did not receive any correspondence disputing the debt or
requesting validation from Mr. [redacted] prior to receipt of his complaint through
your office, Midland Credit received notice of a possible dispute through the
credit reporting agencies on June 23, 2015.
Although the request was not timely, verification information provided
by the seller was mailed to Mr. [redacted] in response to the notice on or about July
14, 2015. A copy of the verification
information is again enclosed here.
If
Mr. [redacted] is ready to resolve this debt, he may qualify for a reduction in his
account balance. Please have Mr. [redacted]
call Midland Credit Account Manager Denise Longtin at (800) 825-8131 ext. 23084
to assist him 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 Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. 32917 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
GJG: mrb
Enclosure
April 15, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] T [redacted]
Revdex.com#...
[redacted]
MCM# [redacted] and [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 1, 2016. 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. [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on April 27, 2010. 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 [redacted], in the name of [redacted] T [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2010. The balance at the time of purchase was $823.09.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 15, 2015. 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 [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 22, 2011. The balance at the time of purchase was $513.43.
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, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any 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, 2012 for account no. [redacted] and on or about January 6, 2016 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, respectively. However, to date, Midland Credit has not received any documentation supporting Mr. [redacted]’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. [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 Mr. [redacted].
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]