Western Power Train Repair Ltd

Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 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 May 8, 2013.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 8, 2007 as an [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 31, 2012.  The balance at the time of purchase was $878.14. 
While not the only item of concern referenced in her complaint, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted].  Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies.  In [redacted] case, Midland Credit is registered with the [redacted] Department of Financial Institutions.  Please have [redacted] contact their agency for more information regarding licensing requirements.
[redacted] writes that she has attempted to contact Midland Credit to resolve the debt multiple times over the last year, but has been unsuccessful.  She also writes that the only responses she has received from Midland Credit indicate that it will not communicate with her.  A review of Midland Credit’s business records indicates that on October 6, 2013, this account was assigned to the law offices of [redacted] Midland Credit received notice from [redacted] in February of 2014 that [redacted] no longer wished to be contacted about the account, and the account was marked as “Cease and Desist”.  Subsequently, in April of 2014, the account was returned to Midland Credit for servicing.  Due to this restriction, any letters sent in response to [redacted] inquiries would have included language advising her that Midland Credit would not contact her further unless a response was required by law.  Please also note that Midland Credit is unable to locate record of a telephone conversation with [redacted] in the past year.
[redacted] also indicates that she may have previously resolved the balance, and has sent letters with details of the situation.  Midland Credit does not have record of receiving correspondence from [redacted] indicating that the account was previously resolved, or more specific details of her dispute.  With that said, in keeping with its Consumer-First policy, Midland Credit 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 will be 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 Ms. [redacted]:
 
Thank you for your follow-up inquiry regarding Ms.
[redacted]’s complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received August 3, 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] continues to assert that she does
not owe Midland Funding because she has no contract with Midland Funding.  As stated in its previous response, 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, and often sells the debt.  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] states that the documentation
provided to validate the accounts is not sufficient.  The verification information provided by the seller
for each of the above-referenced account was included with Midland Credit’s
previous response to your office.  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.
 
Midland Credit’s business
records indicate that it is not currently furnishing information to the three
major credit reporting agencies for 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], and [redacted] is accurate.
 
Midland Credit
encourages Ms. [redacted] to work with Midland Credit’s Internal Legal Department (“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 previous request, the
above-referenced accounts will remain marked “Cease and Desist.”  While the accounts remain due and owing, Ms.
[redacted] will continue to not receive correspondence or calls from Midland
Credit representatives unless a response is required by law.
 
Please assure Ms. [redacted] that Midland Credit
is a reputable firm, and that it is a member of the Revdex.com of
San Diego in good standing.  With
numerous scams noted in the media, it can be confusing for a consumer to
discern which companies are operating within the law.
 
Midland Credit considers consumer complaints a
serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the
inconvenience caused to 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: kal

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.  My acceptance is contingent upon the aforementioned trade lines to remain "deleted" from my credit reports and not reappear at a later time under the collection efforts of Midland Credit Management.  
Regards,
[redacted]

April 22, 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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which...

Midland Credit Management, Inc. (“Midland Credit”) received April 14, 2016.  Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she has been receiving calls from Midland Credit for three months.  An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers.  During a search for the correct consumers, [redacted]’s phone number was provided to Midland Credit representatives by a third party.  In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts. 
[redacted] states she answered one of the calls, advised the representative that she had never had the account, and requested for the calls to stop.  A review of Midland Credit’s business records indicates that a conversation, presumably with [redacted], took placed on March 23, 2016.  At that time, [redacted]’s phone number was appropriately disabled in Midland Credit’s computer system for the referenced account, and no calls were placed to [redacted] regarding that account after that conversation.  However, please note that calls continued to be placed, after March 23, 2016, to [redacted] regarding a separate account.
[redacted] indicates that Midland Credit representatives have contacted her excessively.  Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law.  A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
With that said, [redacted]’s phone number has since been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts.  [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts.  Additionally, [redacted]’s phone number, [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]

June 27, 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 June 17, 2016.  [redacted] subsequently submitted an additional message which was received by Midland Credit on June 21, 2016, wherein she expresses similar concerns.  This letter will serve to address both inquiries.  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 24, 2015.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 31, 2012, as a [redacted] card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted].  Subsequently, the account was charged-off as an unpaid delinquent-debt on October 14, 2015.  The balance at the time of purchase was $3,448.88. 
 
[redacted] states that Midland Credit agreed to remove the above-referenced account from all three credit bureaus once the debt was settled as agreed.  However, a review of Midland Credit’s business records do not indicate that Midland Credit advised [redacted] the account would be removed from her credit report once the account balance had been settled. 
 
Midland Credit received final payment for the above-referenced account on June 17, 2016.  Please note, the account is currently in the process of being updated as paid in Midland Credit’s records.  Once the account has been updated, Midland Credit will furnish information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.”  If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
 
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]

See attached.

May 6, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re:      Consumer complaint of [redacted]...

[redacted]
Revdex.com#[redacted]
                        MCM#[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 22, 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 2, 2015  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 28, 2014 as a [redacted].com 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 August 26, 2015.  The balance at the time of purchase was $108.42.
[redacted] expresses a concern that he has never done business with [redacted].  On January 29, 2016, Midland Credit mailed [redacted] a validation letter.  Please note that the letter was mailed to [redacted] via the United States Postal Service.  The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”).  15 U.S.C. § 1692.  In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).  
A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on February 26, 2016.  Upon receipt of [redacted]’s correspondence, Midland Credit acknowledged his 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.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud.  If such is in fact the case, Midland Credit may be able to more quickly resolve his dispute if [redacted] provides 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.  Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
[redacted] expresses concern that Midland Credit’s letter indicated that the account may be reported to the credit reporting agencies.  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 would remain valid, due and owing.  Just as the original creditor had the right to legally seek repayment of the promissory obligation and furnish account information to the credit reporting agencies, the new third-party purchaser would also have the right to repayment of the credit account and to furnish account information to the credit reporting agencies.  However, as referenced above, Midland Credit will not furnish account information to the major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
[redacted] writes that when he contacted the original creditor, the representative advised him that there was no record of the above-referenced account.  Please note that it is not uncommon for a credit provider to archive an account once it has been sold.  Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing.  With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]

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.
At this point, we're just going back and forth. You stand firm in your dishonest business practices, and I stand firm that I paid in full to have the debt removed from my credit. I wish for this complaint to be finalized as unresolved due to dishonesty on Midland's part. You have my full permission to publish the entire complaint and all communications to the Revdex.com website. Perhaps it will help others who may be conned into thinking they are entering into an agreement that Midland definitely won't stand by. A word of advice, folks: Make sure you get any and all agreements *in writing* from this company before you pay them a dime. Also, challenge any lawsuits they may have against you to collect. It's possible more often than not to get lawsuits by Midland thrown out if you just fight back. They count on the fact that 90% of the people they sue won't even show up in court, and will have a default judgment made against them. They've paid out millions in settlements because they've illegally robo-signed legal documents. Oh, and don't bother trying to reach them on the phone because you'll be talking to someone from India or Pakistan who barely speaks English.
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.  Thank you very much.
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Although Midland
Funding has provided responses to my requests for validation dated August 25,
2015, and September 20, 2015, the responses were incomplete and did not constitute
a validation of the alleged debt.  In
both replies Midland claimed that they were unable to determine the nature of
my request and stated that their records were accurate.  Please note that Midland’s inability and/or refusal
to provide to me with factual documentation such as a copy of the original written
agreement between myself and the alleged creditor entities, [redacted] leads me to believe that I
am not responsible for this debt.  I
have specifically requested that Midland provide me with the following
information and documentation:
·      
What the money Midland says I owe is for;
·      
Explain and show me how Midland calculated what they
say I owe;
·      
Provide me with copies of any papers that show I
agreed to pay what they say I owe;
·      
Provide a verification or copy of any judgment
if applicable;
·      
Identify the original creditor;
·      
Prove the Statute of Limitations has not expired
on this account;
·      
Show me that Midland is licensed to collect in
my state; and
·      
Provide me with their license numbers and
Registered Agent.
Therefore, until Midland can validate this debt, any continued
collections efforts will violate the Fair Debt Collection Practices Act and I
will not hesitate to take legal action against them.  Furthermore, if Midland funding is unable to
provide myself, the Revdex.com, CFPB, and the [redacted] Attorney General’s office with
documentation to validate the debt, I demand that Midland immediately update
and remove all inaccurate collection listings from my credit report.  Failure to update this information to the
main credit repository agencies will result in legal action.
Regards,
[redacted]

I am not satisfied with MCM statement. On my credit report it states: Closed, Derogatory. The credit report should state: Closed, Current $.0 balance. This is what I want changed on my report. Thanks

8-29-16 I spoke with [redacted] at Midland and asked her why they haven't cleared my case with the court as per civil section 724.050, she said that didn't apply to them and their policy is 90 days. I asked her if she could check with handling attorney, and see when it would be cleared and she hung up...

on me. Unable to get a straight answer out of anyone there.

Dear Ms. [redacted]:Thank you for your follow up letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 9, 2017.  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 December 28, 2016.Ms. [redacted] also requests that Midland Credit provide proof that it has the right to collect the debt.  Once a creditor "charges off" an account and sells 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.  A copy of the Bill of Sale is enclosed for Ms. [redacted]’s records. Ms. [redacted] continues to state that Midland Credit has failed to provide the original written agreement with her signature. As previously advised, the verification information provided to Ms. [redacted] in Midland Credit’s previous letter response 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. 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.With that said, per Ms. [redacted]’s request, the above-referenced account has been marked “Cease and Desist.”  While it remains due and owing, Ms. [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 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] Esq.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 have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
The response supplied by Midland Credit Management, concerning
my complaints against Midland Credit Management appears to be a
computer-generated form letter offering little more than an amount and a date
concerning the alleged debtI do not understand how this company can claim to
be collecting a legitimate debt when they cannot provide any evidence to
support the claims that a) this debt is a legitimate debt, b) proof that
Midland Credit Management has permission to collect this debt, c) they have
provided previous verification of this debt), and d) that Midland currently
possesses any documents of this debt
Since this company has failed to provide any evidence of the
claims made in their response, I am led to believe that Midland Credit
Management doesn't possess adequate documentation to collect this alleged debt
In order to provide proof that a) this debt is legitimate, and b) they have the
right to collect this debt, I am requiring the following documentation as
proof:
The original contract including my signature
All monthly statements from this account from the day it was
opened with the original creditor until it was assigned with Midland Credit
Management
Contract between [redacted] and Midland Credit
Management for this account, granting them ownership of this account
The monetary amount for which Midland purchased this account
from [redacted]
Day-by-day breakdown of the charges, Interest, and fees that
Midland Credit Management has added to the account since it purchased the
account
Contract between [redacted] and Midland Credit
Management that provides Midland with the ability to collect on this account
Until the documentation requested in this letter is provided, I
can only assume that this debt does not exist and a clerical error has
occurredIn addition, until this documentation can be provided, I want this
account removed from all three (3) credit reports immediately. Thank you for your help in resolving this matter
Regards,
[redacted]

January 27, 2017
 
VIA E-Mail
[redacted]
 
Re:      Consumer complaint of [redacted]
Revdex.com#...

[redacted]
                        MCM# [redacted]
 
Dear Ms. [redacted]:
 
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 18, 2017.  Midland Credit appreciates the opportunity to answer your questions.
 
A review of Midland Credit’s business records indicates that Ms. [redacted] 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 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 his account accordingly.
 
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 27, 2016.  Information provided by the seller, [redacted] Bank, at the time of acquisition indicates this account was originated on January 25, 2015, as a [redacted] Bank/Amazon credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number 2802.  Subsequently, the account was charged-off as an unpaid delinquent-debt on April 25, 2016.  The balance at the time of purchase was $990.71. 
 
A review of Midland Credit’s business records indicates that on June 22, 2016, this account was placed with [redacted] (“ACF”) for servicing, but was placed back to Midland Credit on August 16, 2016 after ACF received a verbal dispute from Ms. [redacted].
 
In response to Ms. [redacted]’s dispute, Midland Credit mailed her verification information provided by the seller on August 19, 2016, along with a letter advising her that Midland Credit had investigated her dispute and had determined that it’s records and the information it was furnishing to the credit reporting agencies was accurate. Although verification information provided by the seller was already mailed to Ms. [redacted] in response to her previous dispute, a copy of that documentation is again enclosed for her records.
 
In the complaint, Ms. [redacted] alleges that she contacted [redacted] multiple times in 2014 to notify them that she had never received the merchandise for which she was billed. As mentioned above, this account wasn’t opened until January 25, 2015, which is after her alleged contact with [redacted].
 
Midland Credit contacted the seller and confirmed that Ms. [redacted] disputed the account for fraud on April 20, 2016, through the credit reporting agencies, but she never responded to the sellers request for further information to substantiate her claim. Additionally, the seller has no record of receiving a complaint from Ms. [redacted] indicating that she did not receive the merchandise for which she was billed.
 
Ms. [redacted] states that Midland Credit has no right to bill her or furnish information to her credit report. 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, Midland Funding, has the right to repayment of the credit account.  The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding. 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] mentions that when she spoke with Midland Credit representatives she had requested that no calls be made to her work place. On July 12, 2016, per her request, Ms. [redacted]’s work phone number was marked as “Do Not Call” by the representative she spoke with that day. No calls were subsequently placed to that phone number. Please note that the alleged conduct described by Ms. [redacted] is being investigated.  Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights.  However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate m[redacted]er.
 
If Ms. [redacted] is ready to resolve the above-referenced debt, she 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.
 
The above-referenced account has been marked “Cease and Desist.”  While it remains due and owing, Ms. [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 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], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
 
GJG: [redacted]
 
Enclosure

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
 I am vigorously disputing Midland's response because I have never received any Verifications or documentation from them.  I had requested vouchers, transactions and interest rates throughout the tenure of the loan I had with [redacted] but Midland failed to provide same.  They also claimed it passed the time frame to bring this matter to court.  Although Midland states they are not required to provide this documentation, I have spoken to my attorney and he agrees that I should be disputing this amount without the proper documentation that Midland should be providing.  However, he also did say that the time frame to do this has passed so Midland legally cannot take me to court any longer. In light of the above, Midland should provide the requested information so I will know that the amount is true and accurate that they insist on reporting.  If they claim they did so, I am not in receipt of it and it was never sent certified or by any other manner that would provide proof that they did, in fact, send it.
Regards,
[redacted]

Attached are:1) Release Authorization2) Letter I sent them requesting validation3) Their response to my validation request

July 22, 2016
 
VIA E-Mail
 
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
 
Re:      Consumer complaint of Mr. [redacted]
Revdex.com#...

[redacted]
                        MCM# [redacted]
 
Dear [redacted]
 
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 13, 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 March 15, 2012.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 8, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted].  Subsequently, the account was charged-off as an unpaid delinquent-debt on February 27, 2012.  The balance at the time of purchase was $595.16.  Final payment on the account was received by Midland Credit on August 13, 2014.  Mr. [redacted] has no further financial obligation for this account. 
 
A review of Midland Credit’s business records indicates that on June 24, 2012, this account was placed with [redacted] subsequently placed the account with [redacted] who obtained judgment on January 7, 2013.  Due to a miscommunication, Midland Credit was not informed that a judgment had been obtained. 
 
At that time, Mr. [redacted] was making payments to Midland Credit instead of the firm servicing the account.  As a result, Midland Credit requested that the firm return the account to Midland Credit for servicing. Mr. [redacted] finished paying the full balance of the account; however, since Midland Credit was not properly advised that a judgment was obtained, it was unaware that a satisfaction of judgment needed to be filed.
 
As described in the complaint, Mr. [redacted] questions the alleged conduct of certain Midland Credit employees.  Please note that Midland Credit has finished conducting an investigation regarding the alleged conduct of its employees, and has determined that the initial representatives with whom Mr. [redacted] spoke were unable to ascertain that a judgment had been obtained as Midland Credit was not notified of that fact.  The representatives did follow the appropriate procedures for attempting to resolve concerns related to judgments when no information regarding a judgment is available, and properly advised Mr. [redacted] that the process normally takes three to seven days to complete.  Midland Credit sincerely apologizes for the misunderstanding and inconvenience.
 
On June 13, 2016, the same day that Midland Credit received Mr. [redacted]’s complaint, he called in and spoke to another Midland Credit representative.  During that conversation, the representative requested that Mr. [redacted] send a copy of the judgment since one had not been provided by the firm.  Upon receipt of the judgment, the representative forwarded it to the appropriate department with a request that the judgment be satisfied in an expedited manner.  That department was able to complete the filing of the satisfaction of judgment on June 15, 2016.  That same day, Mr. [redacted] was sent a copy of the satisfaction of judgment by mail and fax.  Another copy of the satisfaction of judgment is enclosed for Mr. [redacted]’s records. 
 
Mr. [redacted] also appears to take exception to the use of aliases by Midland Credit’s representatives.  The use of aliases by its representatives is allowable by law.  Additionally, the aliases used are registered with the appropriate regulators in those locations where they are required to be registered. 
 
Please assure Mr. [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing.  With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
 
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to Mr. [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,
 
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
  [redacted]
Enclosure

July 22, 2016
 
VIA E-Mail
 
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
 
Re:      Consumer complaint of [redacted]
Revdex.com#...

[redacted]
                        MCM# [redacted]
 
Dear [redacted]
 
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 13, 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 November 24, 2014.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 21, 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 October 28, 2014.  The balance at the time of purchase was $826.96. 
 
[redacted] expresses a concern that he is receiving phone calls and letters regarding an account his ex-wife fraudulently opened in his name.  On December 5, 2014, Midland Credit mailed [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 written correspondence disputing the debt or requesting validation from [redacted] in response to the letter.  In fact, no written correspondence was received directly from [redacted] prior to the complaint filed through your office.
 
In response to [redacted] claim of identity theft, verification information provided by the seller was mailed to him on July 6, 2016.  A copy of the verification information is again attached for [redacted] records.   In addition, a review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
 
[redacted] states that Midland Credit requested him to send a copy of his police report, but before he sent it in, he began receiving phone calls from Midland Credit attempting to collect upon the above-referenced debt.  [redacted] states that he spoke with a Midland Credit representative at a later date and was advised that it wasn’t necessary for him to send in a copy of his police report and that someone would contact him within 30 days.  Midland Credit apologies for any confusion [redacted] has experienced, as a review of Midland Credit’s business records do not indicate [redacted] was advised to not send in supporting documentation. 
 
If upon review of the enclosed documentation [redacted] still does not recognize the above-referenced account, Midland Credit stands ready to assist him in clearing his record.  Midland Credit respectfully requests that [redacted] provide it with a copy of the police report he references in his inquiry.  Or [redacted] may provide an 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.  Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
 
[redacted] expresses an additional concern that his fiancé has received phone calls from Midland Credit.  While [redacted] did not provide his fiancé’s phone number in his inquiry, a review of Midland Credit’s business records indicates that Midland Credit’s representative spoke to someone claiming to be [redacted]’s fiancé on May 31, 2016.  At that time, the phone number provided by her ending in[redacted] was appropriately disabled.  However, if he would like to confirm that his fiancé’s phone number has been disabled he may contact Midland Credit using the information below.
 
[redacted] states that during a phone conversation with a Midland Credit representative he asked to be transferred to a domestic representative, but he was not transferred as requested.  A review of Midland Credit’s business records indicates that the Midland Credit representative was in the process of transferring [redacted]’s call, as requested, but the call was disconnected prior to the completion of the transfer. 
 
Per [redacted]’s request to no longer be contacted, 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

Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 29, 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 December 23, 2010.  Information provided by the seller, [redacted] N.A., at the time of acquisition indicates this account was originated on June 24, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on February 3, 2010.  The balance at the time of purchase was $609.86.
[redacted] expresses a concern that his request for validation was ignored.  On December 30, 2010, Midland Credit mailed him a validation letter.  Please note that the letter was mailed to him via the United States Postal Service.  The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”).  15 U.S.C. § 1692.  In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).  
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter.  A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from him on September 8, 2015.  In response, Midland Credit appropriately mailed him a letter on September 16, 2015 requesting supporting documentation of any specific dispute [redacted] may have.  To date, no such documentation has been received.
With that said, upon receipt of [redacted] complaint, Midland Credit has marked his account as “Direct Mail Only” in accordance with his request to receive all future correspondence via mail and stop attempts to reach him by telephone.  Additionally, Midland Credit has acknowledged his current 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]