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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.
Please note that Midland Credit Management...
requires additional time to fully investigate the matter and provide the information requested. Thank you for your understanding, and a response will be provided upon the conclusion of Midland Credit’s investigation.
Thank you for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
November 21, 2017
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 follow-up inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 15, 2017. 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 attorney. Midland Credit has no record of her attorney’s contact information. Please have Ms. [redacted] provide her attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 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 FDCPA. With 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 debt. Rather, 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) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Senior Manager Operations, Consumer Support Services
AR: kmh
Enclosure
DATE \@ "MMMM d, yyyy" May 25, 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]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 11, 2016.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on October 24, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on October 25, 2008 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 27, 2011. The balance at the time of purchase was $1,571.18. Final payment
on the account was received by Midland Credit on June 11,
2015. Mr. [redacted] has
no further financial obligation for this account.
Mr.
[redacted] expresses a concern that his requests for validation have been
ignored. On October 31, 2011, Midland
Credit mailed Mr. [redacted] a validation letter.
Please note that the letter was mailed to Mr. [redacted] via the United
States Postal Service. The letter was
not returned as “undeliverable,” satisfying the notification requirements of
the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the
required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debt or requesting
validation from 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.
A review of Midland Credit’s business records
indicates that on January 15, 2012, this account was placed with [redacted]. [redacted]
indicates that an initial letter was sent to you on or about January 19,
2012. The firm states they did not
receive a response to the notice, and as such suit was filed on March 1, 2012,
service was completed on March 7, 2012, and a judgment was entered on April 30,
2012. A copy of the judgment is enclosed
for Mr. [redacted]’ records. [redacted] and
[redacted] also indicate that they did not receive any communication from Mr.
[redacted] disputing the debt or requesting validation.
Mr.
[redacted] expresses a concern that the account is reporting incorrectly with a
balance, and that the judgment is appearing as open rather than paid. A review of Midland Credit’s business records
indicates that it is accurately furnishing information for the above-referenced
account to the credit bureaus as “Account
paid in full, was a collection account.”
Additionally, please note that judgments are not reported by Midland
Funding LLC. Rather judgments are
reported by the credit reporting agencies as a matter of public record. Mr. [redacted] is encouraged to communicate
directly with the credit bureaus regarding information appearing on his credit
report. He may also contact the public
records office should he have any further concerns about how the judgment is
being reported.
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. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding
Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
May 19, 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 16, 2016.
Mr. [redacted]
continues to express a concern regarding Midland Credit’s policy to not remove negative
information from his consumer credit files upon payment of the account. While
Midland Credit would be pleased to assist Mr. [redacted] in reaching a resolution
to settle the accounts, as previously advised it is Midland Credit’s policy to
report all accounts accurately.
Depending on the current condition of a given account, Midland Credit
will report that account as either “Account
assigned to internal or external collections,” or “Account paid in full, was a collection account.” If Midland Credit were to delete the accounts
upon settling the balances, its correct and accurate statuses would not be
reflected. Midland Credit’s business
records indicate that it is appropriately reporting the above-referenced
accounts to the three major credit reporting agencies as is required
As
previously advised, Midland Credit is a reputable firm, and that it is a member
of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law.
In
the meantime, the above-referenced accounts will remain marked “Direct Mail
Only.” While the accounts remains due
and owing, Mr. [redacted] will continue to no longer receive phone contact from
Midland Credit representatives unless it is for a specific purpose related to
its legal efforts.
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. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
Gregory Gerkin,
Esq.
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 January 28, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that...
Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 17, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 2, 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 June 20, 2012. The balance at the time of purchase was $759.90.
[redacted] expresses a concern that interest was added to the above referenced account. Midland Credit sent [redacted] a validation letter on July 21, 2012. 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 a notice of a possible dispute from the credit reporting agencies on July 31, 2015. On August 19, 2015 Midland Credit sent [redacted] a letter requesting more information regarding the basis of his dispute with a copy of the verification information provided by the seller.
An additional review of Midland Credit’s business records indicate that it received the first written correspondence requesting validation from [redacted] on November 6, 2015. Based on the information [redacted] provided, and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about November 23, 2015 advising him that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Midland Credit also requested that [redacted] send any additional documentation to support his dispute.
In response to [redacted]’ concern that interest was added in the amount of $282.17, please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. The verification information provided by the seller meets the requirements of the FDCPA.
A review of Midland Credit’s business records indicate that [redacted] spoke with one of its representatives on February 2, 2016. During the conversation [redacted] indicated that he was unaware of the charges that were being made to his account and provided additional details that Midland Credit did not have when responding to the complaint he filed through the Consumer Financial Protection Bureau on January 11, 2016. During that conversation [redacted] was advised that Midland Credit would close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection account in question from [redacted]’ consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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 February 12, 2016. 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 attorney. Going forward, all communication about the matter should be handled by his attorney. If [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on June 20, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on April 3, 2013 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. The first delinquency occurred on November 8, 2013. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 9, 2014. The balance at the time of purchase was $929.58.
[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”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. 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, 2016.
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, 2015 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 $929.58. 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]
[redacted]
Enclosure
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 September 11, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 25, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on October 1, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2010. The balance at the time of purchase was $915.40.
[redacted] expresses a concern that her validation requests have been ignored. On June 4, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] 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.
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 is accurately furnishing information for the above-referenced account to the three major credit reporting agencies.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Per [redacted]’s previous to no longer be contacted, 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
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]
December 22, 2017VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of [redacted]Revdex.com# [redacted] MCM #: [redacted]Original Creditor: [redacted]Original Account #: [redacted]Affinity: [redacted]Dear Revdex.com:Thank you for your follow-up letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on December 14, 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.Ms. [redacted]’s recent complaint does not appear to contain new concerns from her original inquiry. Accordingly, Midland Credit must respectfully state that its position has not changed from its previous response.As advised in Midland Credit’s previous response, Midland Credit’s business records indicates that it received the first written correspondence requesting validation directly from Ms. [redacted] on November 9, 2017. As verification information was recently mailed to Ms. [redacted] in response to notices of disputes from the credit reporting agencies, Midland Credit mailed a letter to Ms. [redacted] on November 17, 2017 requesting additional information regarding her dispute. With that said, 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.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) 825-8131 ext. [redacted] should you have any further questions.Sincerely, Midland Credit Management, Inc.[redacted],Senior Manager Operations, Consumer Support ServicesAR: kmbEnclosed
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]
May 21, 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 May 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 15, 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 June 22, 2014. The balance at the time of purchase was $1,944.55.
[redacted] expresses concern that Midland Credit representatives refused to provide her with validation documentation. A review of Midland Credit’s business records indicates that [redacted] spoke with Midland Credit representative [redacted] twice on April 9, 2015. Midland Credit’s review of the conversations does not appear to indicate that [redacted] refused to provide [redacted] with validation documentation.
Midland Credit sent [redacted] a validation letter on May 1, 2015. The letters were mailed to [redacted] via the United States Postal Service. The letters were not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692.
In the letters, Midland Credit provided the required disclosure of rights set forth in the FDCPA. 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).
The complaint [redacted] filed was received in a timely manner pursuant to applicable law. Upon receipt, Midland Credit acknowledged [redacted]’s dispute and annotated the account as disputed. Midland Credit has received verification information from the seller, a copy of which is enclosed for [redacted]’s records.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted]. Please have [redacted] or her attorney call [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, pursuant to [redacted]’s request to cease collection activities, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 10, 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 July 10, 2015. A copy of that response is enclosed. [redacted] also previously filed a complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is also 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 expired on June 13, 2015. However, please note that the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year federal reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year federal reporting period for the above-referenced account does not expire until June 2018.
[redacted] also expresses a concern that Midland Credit does not have adequate documentation to prove that it is lawfully entitled to report this debt on his credit report. As stated in its previous response, [redacted]’s dispute was untimely. With that said, a copy of the documentation provided by the seller is enclosed for [redacted]’s records. 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).
Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless 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
June 29, 2017
VIA E-Mail
[redacted]
Revdex.com of San Diego
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM #: [redacted]
Original Creditor: [redacted] N.A.
Original Account #: [redacted]
Dear Ms. [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 20, 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.
[redacted] expresses a concern that her requests for validation have been ignored. On January 16, 2012, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first communication from [redacted] disputing the debt on September 25, 2013.
Although verification information provided by the seller was mailed to [redacted] in response to her dispute on or about September 27, 2013, a copy of that documentation is again enclosed for her records. Please note that the verification information provided meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required.
With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] can contact Midland Credit online at www.midlandcreditonline.com/consumer-resolution-center/, 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. Alternatively, [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Per [redacted] previous request to no longer contact her by phone, 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] ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Division Manager, Consumer Support Services
[redacted]
Enclosure
March 9, 2018VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of [redacted]Revdex.com# [redacted]MCM #: [redacted]Original Creditor: [redacted], N.A. (“Credit One”)Original Account #: [redacted]Dear Revdex.com:Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit...
Management, Inc. (“Midland Credit”) received on February 27, 2018. 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.Ms. [redacted] states that she has been paying Credit One for over a year, and Midland Credit has been collecting an incorrect balance. Midland Credit’s business records indicate that the account charged off with a balance of $1,440.80. Midland Credit has received eight payments, totaling $459.00, forwarded from Credit One. The current amount due is $981.80. A copy of the verification information provided by the seller is enclosed for Ms. [redacted]’s records. 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 note that the underlying promissory obligation remains valid, due and owing to Midland Credit as servicer for Midland Funding. 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 a Midland Credit Account Manager at (800) [redacted] ext. [redacted] for assistance in reaching a resolution of the account balance.Per Ms. [redacted]’s previous concerns, 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. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) [redacted] ext. [redacted] should you have any further questions.Sincerely, Midland Credit Management, Inc.[redacted],Senior Manager Operations, Consumer Support Services[redacted]Enclosure
Dear Ms. [redacted]:Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 14, 2017. Midland Credit appreciates the opportunity to answer your questions.An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 21, [redacted]. Information provided by the seller, [redacted]II, LLC, at the [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 28, [redacted]. The balance at the time of purchase was $580.44.Based on the Identity Theft Affidavit provided by Ms. [redacted] on August 15, 2017, and in accordance with Midland Credit’s policy to react affirmatively to consumer issues, the account has been closed. There will be no further collection activity or sale of this account. In addition all three credit-reporting agencies were notified to delete Midland Funding’s reference to this collection account from her consumer credit files. Ms. [redacted] has no obligation for this account. A copy of the request sent to the credit reporting agencies is enclosed for Ms. [redacted] records.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 ServicesAR: [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.As much as I appreciate the professionalism and the apology it does not excuse what has happened. I have proof to back up my claims that I am willing to share. My experience has been stressfull and humiliating. I sincerely hope you change the way you do business going forward. What I need is for the tradelines to be completely deleted from all 3 of my credit reports as they were put on without my knowledge. At this point I am very frustrated and do not know what to do. I really do not want to take legal action. So I am asking for the final time please do the right thing here. thanks for your time.
Regards,
[redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding [redacted] [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 21, 2017. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter...
indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 28, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 13, 2013, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 20, 2014. The balance at the time of purchase was $881.28.
[redacted] K [redacted] writes that the account has been appearing on their credit report since October 2015, and that their requests to validate the debt have been ignored. Midland Credit sent [redacted] K [redacted] a validation letter on September 10, 2014. In the letter, Midland Credit informed the consumer 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] K [redacted] on November 20, 2015. Based on the information the consumer provided, and pursuant to the Texas Finance Code, Midland Credit responded by sending a copy of the verification information provided by the seller and a letter on December 14, 2015, advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Appropriate responses were sent to [redacted] K [redacted] in response to subsequent disputes, and the verification information provided by the seller was again mailed on June 24, 2016, and January 18, 2017. An additional copy of the verification information is enclosed.
However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted] K [redacted]’s consumer credit files. A copy of the Universal Data Form showing the request which was sent to the credit reporting agencies is enclosed for the consumer’s records.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted] K [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.*
Corporate Counsel
*Admitted in Michigan, Not Admitted 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]’s 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] states that she never received any correspondence with Midland Credit’s previous response. In its previous response, Midland Credit advised that it had acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Please note, the investigation of [redacted]’s dispute is on-going and a conclusion has not yet been reached. A response will be provided upon the conclusion of Midland Credit’s investigation.
[redacted] also expresses concern that the above referenced account is reporting on her [redacted] credit report. In its previous response, Midland Credit advised [redacted] that it would 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’s business records indicate the trade line was already removed. Please note, Midland Credit submits updates to the credit reporting agencies each month, however, it may take additional time for the credit reporting agencies to update the information that is being provided to them. [redacted] is encouraged to communicate directly with the credit reporting agencies should she have any further concerns.
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 April 18, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 31, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 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 January 15, 2010. The balance at the time of purchase was $13,093.16.
[redacted] expresses a concern that the account was placed on his credit report in July 2015, however he was not made aware of it. A review of Midland Credit’s business records indicate that while the account was purchased in July 2015, Midland Funding did not begin furnishing account information to the credit bureaus until December 2015. It appears the date [redacted] is referring to is in fact the date of purchase by Midland Funding LLC.
Please note, Midland Credit sent [redacted] a validation letter on August 19, 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 has not received any correspondence from [redacted] pursuant to the [redacted] Finance Code.
[redacted] indicates that this is not his debt. Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If this is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services using the contact information on this letterhead.
With that said, in response to a phone conversation between a Midland Credit representative and [redacted] on April 11, 2016, 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]