Western Power Train Repair Ltd

Dear Ms. [redacted]:
 
Thank you for your letter inquiry
regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
July 20, 2015.  Midland Credit appreciates the opportunity to
answer your questions.
 
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated July 13, 2015.  Mr. [redacted] expresses that he is
unsatisfied with the validation documentation provided by Midland Credit.  Please note that the verification information
provided by the seller meets the requirements of the Fair Debt Collection
Practices Act.  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). 
Additionally, while not required, a copy of the bill of sale verifying Midland Funding as the rightful
owner of the account is enclosed.
 
Mr.
[redacted] also requests that Midland Credit provide documentation
demonstrating that Midland Credit has the ability to collect on this debt, and
is licensed to collect in the state of [redacted]  Please assure Mr. [redacted] that Midland
Credit is licensed in every state which requires such licensing for collection
companies.  In Mr. [redacted]’s case, his
home state of [redacted] does not require collection agency licensing. 
 
Furthermore, Mr.
[redacted] requests that Midland Credit provide proof of the date of last
activity.  Based on information provided
by the seller, the last payment was made on March 30, 2009 for $355.00.  This is evidenced in the validation
documentation that was provided in Midland Credit’s previous response to your
office, another copy of which is enclosed for reference.
 
Based
on the above, Midland Credit must respectfully conclude that it is accurately
reporting the account to the three major credit reporting agencies.  However, per Mr. [redacted]’s request to
cease collection activity, the above-referenced account has been marked “Cease
and Desist.”  While it remains due and
owing, Mr. [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 Mr. [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

Thank you for your letter inquiry
regarding Mr. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 20, 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 August 17, 2015.  Information provided by the seller, [redacted] (USA), N.A., at the time of acquisition indicates this account was
originated on May 9, 2012 as a [redacted] (USA), N.A. (“[redacted]”) [redacted] account number ending in [redacted]
in the name of [redacted] M [redacted], under the last
four of the social security number [redacted]. 
Subsequently, the account was charged-off as an unpaid delinquent-debt
on May 6, 2014. 
The balance at the time of purchase was $651.87.
 
Mr. [redacted] states
that he settled an account ending in [redacted] with [redacted] in 2010.  Please note, as previously stated, the
above-referenced account originated on May 9, 2012 with [redacted].  Also please note, the account number that Mr.
[redacted] provided does not match the original account number associated with this
account.
 
Midland
Credit sent Mr. [redacted] a validation letter on October 1, 2015.  In the letter, Midland Credit informed him
that Midland Funding had acquired the account, and provided the required
disclosure of rights set forth in the Fair Debt Collection Practices Act, 15
U.S.C. § 1692 et seq.  (“FDCPA”). 
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA.  15
U.S.C. § 1692.
 
Midland
Credit’s business records indicate that it received the first correspondence
from Mr. [redacted] on May 20, 2016.  Upon
receipt of Mr. [redacted]’s correspondence, Midland Credit acknowledged Mr.
[redacted]’s dispute, annotated the account as disputed, and ceased collection
efforts while verifying the debt.  Pursuant
to the Texas Finance Code, Midland Credit responded by sending him a letter on May
27, 2016, advising him that Midland Credit needs more time while it is in the
process of verifying the debt.  Midland
Credit has since obtained verification information from the seller.  A copy of the verification information is enclosed.
 
Please
note that based on the information provided by the seller, Midland Credit has
determined that its credit file, and the information being furnished for the
above-referenced account, is accurate. 
Midland Credit will be closing its investigation of Mr. [redacted]’s dispute
and will be resuming regular collection activities as allowed by the Texas
Finance Code and/or the Fair Credit Reporting Act.
 
If
Mr. [redacted] is ready to resolve the above-referenced debt, he may qualify for a
reduction in his account balance.  Please
have Mr. [redacted] call Midland Credit Account Manager [redacted] at (800)
825-8131 ext. [redacted].
 
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 [redacted]
 Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 16, 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 August 12, 2016.
 
[redacted] continues to assert that Midland Credit failed to respond to his validation request.  As stated in its previous response, Midland Credit received written correspondence from [redacted] on June 23, 2016.  Verification information provided by the seller had previously been provided to [redacted] on June 8, 2016, at the same address listed within his complaint and written correspondence.  Pursuant to the [redacted] Finance Code, Midland Credit responded to his subsequent dispute on July 7, 2016, well within 30 days.  The verification information was additionally provided to [redacted] in the previous response dated August 12, 2016.
 
Midland Credit respectfully maintains that its credit file, and the information being furnished for the above-referenced account, is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
 
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[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 find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
[Midland as a Debt Buyer should no they didn't give proper validation, in which I will remind them what it is and that I never received proper validation under Federal and State law, even court cases to support what I'm saying is true and factual, in which I'm willing to sign and notarized an affidavit for court.<!--[if !supportLists]-->a.       <!--[endif]-->If
a consumer disputes information with the CRA, both the CRA and the furnisher
have a duty to reasonably investigate and verify that the information is
accurate. 15 USC § 1681(a)(1)(A), 1681s-2(b). [redacted]
<!--[if !supportLists]-->b.      <!--[endif]-->Any
knowing re-aging or reinsertion of inaccurate information subsequent to an
adequate investigation logically falls under § 1681s-2(b)(1)(E) as well. See
Cunningham v Ocwen .
<!--[if !supportLists]-->c.       <!--[endif]-->When
notified of a dispute about information furnished to a CRA, § 1681s-2(b)
obligates a person to conduct an investigation and report the results to the
CRA. 15 U.S.C. § 1681s-2(b)(1). The Fourth Circuit has held that investigation
must be a reasonable one “to determine whether the disputed information can be
verified.” Johnson v. MBNA Am. Bank, N.A., 357 F.3d 426, 430-31 (4th
Cir. 2004).
d.      As
the court noted in Larson v Ford Credit, No. 06-cv-1811 JMR/FLN, 2007 WL
1875989 (D. Minn. 2007), “[t]he majority of courts considering the question
have drawn upon defamation’s traditional ‘multiple-publications rule’. Under
this rule, each publication of the same falsehood by the same defamer is a
separate cause of action, thus starting the limitations clock anew.” (citing
Restatement (Second) of Torts § 577A(1). In the FCRA context, this means each
transmission of an erroneous credit information is a separate FCRA violation. (,after failing to perform a reasonable investigation and
subsequently re-certifying false information to the CRA’s each month
thereafter. This would negate the possibility of any time barred allegations
connected to their actions by the Plaintiff when the violations were on going
at the time the complaint was filed. ) my addition in red. [redacted]Darlene
Kellum v Midland Credit Management, INC., [redacted] Services, LLC, Verizon
Wireless; and FCNB-Spiegel US Dist. Court, W. Dist. of California No.
CIV-12-718-C (Memorandum Opinion and Order) Doc.19 pg.32. FDCPA… no validation…continued collection practicesa. A copy of the consumer credit contract is not sufficient to validate the debt. Validation requires presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. Pacific Concrete F.C.U. V. Kauanoe,  62 Haw. 334, 614 P.2d 936 (1980), GE Capital Hawaii, Inc. v. Yonenaka  25 P.3d 807, 96 Hawaii 32, (Hawaii App 2001), Fooks v. Norwich Housing Authority 28 Conn. L. Rptr. 371, (Conn. Super.2000), and Town of Brookfield v. Candlewood Shores Estates, Inc. 513 A.2d 1218, 201 Conn.1 (1986). and Solon v. Godbole, 163 Ill. App. 3d 845, 114 Ill. Dec. 890, 516 N. E.2d 1045 (3Dist. 1987).b. Letter from Federal Trade Commission (FTC) Attorney [redacted] to [redacted] stating that reporting a devt to a CRA constitutes a collection activity under § 1692g(b). Several cases have relied upon the FTC letter as persuasive authority that reporting a debt to a CRA is a collection activity. Brooks v Midland Credit Management, Inc., et al., http://www.leagle.com/decision/In%20FDCO%2020130603574 , See, e.g., Purnell v. Arrow Fin. Servs. LLC, 303 F. App'x 297, n.5 (6th Cir. 2008); Mascona v. Cal. Bus. Bureau, No. 10-CV-1468 BEN (CAB), 2011 WL 5085522, at *3-4 (S.D. Cal. Oct. 25, 2011); Edeh v. Midland Credit Mgmt., 748 F.Supp.2d 1030, 1035 (D. Minn. 2010), aff'd, 413 F. App'x 925 (8th Cir. 2011); Quale v. Unifund CCR Partners, 682 F.Supp.2d 1274, 1278-79 (S.D. Ala. 2010).3. ACTUAL/PUNATIVE DAMAGESa. [redacted] v. Branch Banking and Trust Co. of VA, 526 F. 3d 142 - Court of Appeals, 4th Circuit 2008 This case clearly does involve the third factor, the "financial vulnerability" of "the target of the conduct." State Farm, 538 U.S. at 419, 123 S.Ct. 1513. [redacted] has a modest income and limited resources compared to BB & T. Furthermore, BB & T's conduct rendered [redacted] significantly more financially vulnerable. The CRAs lowered [redacted]' credit score substantially because of the reported debt, making it impossible for him to obtain a new loan at a favorable interest rate, but the CRAs would not have factored this debt into [redacted]' credit score if BB & T had reported the dispute. Thus, BB & T's refusal to correct its error made it more difficult for [redacted] to access credit and increased his financial vulnerability. Cf. In re [redacted], 378 B.R. 735, 740-43 (Bankr. E.D.N.Y.2007) (collecting cases involving furnishers allegedly refusing to correct reports to CRAs in order to pressure debtors into paying discharged debts, in violation of bankruptcy law).. . BB & T's intentional misconduct and longstanding refusal to correct its errors are more reprehensible than negligence or a mistake quickly corrected. See, e.g., Bains LLC v. Arco Prods. Co., 405 F.3d 764, 775 (9th Cir.2005) (reasoning that a company's failure to remedy or address the effects of a statutory violation supports punitive damages award); Bogle v. McClure, 332 F.3d 1347, 1361 (11th Cir.2003) (considering conduct more blameworthy for purposes of punitive damages analysis when it was "more than mere accident" and engaged in "intentionally").4. ENCORE LIABILITY…a. Hernandez v. Midland Credit Mgmt., Inc., 2006 WL 695451 (N.D. Ill. Mar. 14, 2006) Allegation showing that the defendant Encore at least "indirectly" engaged in the collection of a debt for a third party were adequate to state a claim that the defendant was a "debt collector" under the FDCPA.  Encore is a debt buyer that owns Midland which was collecting the debt by sending out a notice for Encore5. MARTHA VASALLE, et al., v MIDLAND FUNDING LLC, et al, US Dist. Court, Northern District of Ohio, Western Division Case No. 3:11-cv-00096 [redacted] Overturned settlement and CFPB/FCC amicus brief in opposition to the class action settlement.Also, I will turn this over immediately to [redacted], national Attorney and will be contacting the California Bar in regards to [redacted]
Regards,
[redacted]

Dear Ms. [redacted]:Thank you for your letter inquiry regarding Mr. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 31, 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.Mr. [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”).  Given that Midland Credit’s response to the complaint from your office would contain similar information as the response which Midland Credit previously provided to the CFPB, a copy of that response is enclosed.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],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.
An account was placed under my name erroneously. Since then, Midland Credit Management, Inc has damaged my name, and my credit Midland Credit Management, Inc has entered derogatory information into my credit file. the account was purchased by Midland Credit Management, Inc from [redacted] and the [redacted] has concluded the account was open unauthorized, but Midland Credit Management inc. refuse to remove account from file or forward backPlease view attached document from [redacted]. This is an Unauthorized account. The account was open without my knowledge. Please completely remove from my credit file with all three major credit bureau
Regards,
[redacted]

October 28, 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 October 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 October 6, 2016.
 
As mentioned in its previous response, Midland Credit received account information directly from the seller, [redacted]; however, based on [redacted] claims of inaccuracy, Midland Credit conducted further research and was able to confirm that [redacted] did go through a conversion in September 2013, and that the statements it sent out at that time included information regarding the conversion. [redacted] also stated that it sent out a packet to [redacted] to the address it had on file at the time of the conversion. In addition, [redacted] advised that it has no record of [redacted] disputing the account.
 
[redacted] indicates that all correspondence was sent to an incorrect address and he was never served with a lawsuit. Midland Credit’s Internal Legal Department (“Internal Legal”) was unaware that it had an incorrect address until September 13, 2016, when it received returned mail. Internal Legal has subsequently updated the address. Internal Legal indicates that suit was filed on July 21, 2015, and [redacted] was served via certified mail on or about August 24, 2015. Garnishment was requested shortly thereafter, and [redacted] filed an objection to the Wage Execution, which was denied by the court on October 6, 2016.  The garnishment was then issued on October 7, 2016. Internal Legal proceeded with the Wage Execution and filed the Application for Wage Execution on October 12, 2016.
 
[redacted] states that he sent a letter prior to the Wage Execution indicating an intent to settle and requested that the negative information be removed from his credit report, but did not receive a response. In the initial Revdex.com complaint [redacted] alleges that he agreed to settle for 1% of the debt but had not received a response from Midland Credit. Internal Legal has no record of receiving any type of correspondence from [redacted] offering to settle prior to receipt of the Revdex.com complaint. On October 14, 2016, [redacted] contacted Internal Legal but made no mention of a settlement during that conversation either.
 
In keeping with its Consumer-First approach, Midland Credit recently updated its policy regarding paid tradelines where the date of delinquency is over two years old, which is the case for [redacted] account. With that said, Midland Credit encourages [redacted] to continue to work with Internal Legal to assist in reaching a positive resolution. [redacted] may reach Internal Legal at PO Box 939050, San Diego, CA 92193. Their contact phone number is[redacted]
 
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted]
 
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
 
Sincerely,
Midland Credit Management, Inc.
 
[redacted]
Senior Corporate Counsel, Legal Affairs & Compliance
[redacted]

Dear[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 30, 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 April 19, 2012.  Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 18, 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 January 20, 2010.  The balance at the time of purchase was $3,979.73.  Final payment on the account was received by Midland Credit on July 30, 2016.  [redacted] has no further financial obligation for this account.
 
On November 11, 2012 the account was placed with Midland Credit’s Internal Legal Department (“Internal Legal”) for further servicing. Internal Legal indicates that a judgment was obtained on May 14, 2013 and, as referenced above, the judgment was satisfied on July 30, 2016 and satisfaction of judgment processed on August 5, 2016.
 
[redacted] expresses concern that the judgment has not been satisfied with the court within the appropriate time frame. Internal Legal sent the satisfaction of judgment to the court on September 1, 2016, which was within 15 days of receiving her written request. A copy was emailed to [redacted] the same day. A copy is enclosed for her records.  
 
Midland Credit acted in a timely manner and has complied with all applicable laws. Midland Credit encourages [redacted] to continue to work with Internal Legal should she have any further questions or concerns. [redacted] may reach Internal Legal at PO Box 939050, San Diego, CA 92193. Their phone number is[redacted]
 
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
 
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
 
Sincerely,
 
Midland Credit Management, Inc.
 
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
 
[redacted]
 
Enclosure

February 16, 2017
 
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 Ms. [redacted]:
 
Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 6, 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 February 22, 2013.  Information provided by the seller, [redacted], Inc., at the time of acquisition indicates this account was originated on August 8, 2010, 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 28, 2013.  The balance at the time of purchase was $317.07. 
 
On March 10, 2013, Midland Credit mailed Ms. [redacted] a validation letter.  Please note that the letter was mailed to Ms. [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 Ms. [redacted] in response to the letter.  In fact, no written correspondence was received directly from Ms. [redacted] prior to the complaint filed through your office.
 
Ms. [redacted] states that the first written correspondence she received from Midland Credit was on February 2, 2016, and any prior letters were sent to the wrong address. Please note that Ms. [redacted] address was provided to Midland Credit representatives by a third party.  In reliance on that information, Midland Credit attempted to contact her regarding the referenced account at that address.
 
Subsequently, Midland Credit received notices of possible dispute from the credit reporting agencies.  Midland Credit responded on December 16, 2015 and August 5, 2016 by mailing Ms. [redacted] verification information provided by the seller along with letters advising her that an investigation of her dispute had been conducted and Midland Credit had determined that its records and the information it was furnishing to the credit reporting agencies was accurate. Please note that the documentation was mailed to the same address listed within her complaint.   Although verification information provided by the seller was already mailed to Ms. [redacted] in response to her disputes, a copy of that documentation is again enclosed for her records.
 
Ms. [redacted] also states that the letter she received on February 2, 2016 was in Spanish and it referenced a policy to remove accounts where the date of delinquency is over two years old. Midland Credit apologizes for any frustration or confusion Ms. [redacted] may have experienced by receiving a letter in Spanish. Midland Credit has updated its records so that future correspondence will be in English. With regard to the policy Ms. [redacted] mentions, on October 11, 2016, Midland Credit updated its policy regarding paid trade lines where the date of delinquency is over two years old. Midland Credit mailed Ms. [redacted] notification of the policy change on January 27, 2017.
 
Ms. [redacted] alleges that Midland Credit is reporting the account as an open line of credit. As a debt buyer, Midland Funding has been advised by the credit reporting agencies that it should furnish information for its accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. If Ms. [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary.   The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
 
Midland Credit acted in a timely manner and has complied with all applicable laws.  However, Midland Credit received a notarized Identity Theft Affidavit from Ms. [redacted] on February 15, 2017.  Based on the information contained in the affidavit, 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 Ms. [redacted] consumer credit files.  A copy of the Universal Data Form showing the request which was 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], 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.Midland Credit Management's never responded to my request within the specified 30 days as required under Texas law.  Not only that but Midland never ceased collection activity during the validation period.    The response from Midland today comes too little too late they have already violated state and federal law.  I have made every effort to resolve this matter outside of presenting this case in a courtroom before a jury in my community.  I am respectfully requesting that Midland delete the tradeline in question promptly as this account is illegally reporting on my credit. 
Regards,[redacted]

Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
December 15, 2015.  Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates...

that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on September 8, 2009.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on April 27, 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 April 7, 2009.  The balance at the time of purchase was $875.60.
[redacted]
expresses concern that a debt that he paid over three year ago is still active
on his credit report, and requests to have the account removed from his credit
report.  A review of Midland Credit’s business records
indicates that on May 2, 2010, this
account was assigned to the law firm of [redacted] & [redacted]
(“[redacted]”).  [redacted] has advised that suit was filed on
July 21, 2010, [redacted] served on July 29, 2010, and judgment was awarded on
September 24, 2010.   Ultimately, the
judgment was fully paid through a wage remittance on October 12, 2012.  [redacted] further advises that a letter was
mailed to [redacted] on or about December 11, 2015, confirming that the account is
paid in full.  Due to an oversight by the
courts, the Warrant of Satisfaction was not returned by the Court Officer when
the judgment was initially satisfied. 
However, [redacted] contacted the Court on December 18, 2015, and
confirmed that the judgment file is reflecting as closed.  Additionally, [redacted] is taking steps to
submit the Warrant of Satisfaction on [redacted] behalf.
[redacted] has no further financial obligation for the above-referenced account.  Please note that Midland Credit only reports
the tradeline of the above-referenced account. In this case, Midland Credit
previously ceased reporting the tradeline. The credit reporting agencies report
the judgment as a matter of public record and do so in accordance with
applicable law. Midland Credit has no jurisdiction over the credit reporting of
any matters of public record.
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], or
[redacted] directly 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 Revdex.com:Thank you for your follow-up letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on July 18, 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 July 29, 2014.  Information provided by the seller, [redacted] Bank (USA), N.A. (“[redacted]”), at the time of acquisition indicates this account was originated on February 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 December 7, 2011.  The balance at the time of purchase was $554.63.  The original creditor[redacted] can be reached at [redacted] VA 23060.Ms. [redacted] requests documentation showing Midland Credit’s right to collect the debt.  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. Often, they then sell the debt.  Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.  A copy of the bill of sale verifying Midland Funding as the rightful owner of the account, along with a copy of a seller data sheet confirming the account was included in the purchase from [redacted], are enclosed.Ms. [redacted] requests information for collection licensing in the State of Georgia.  Please assure Ms. [redacted] that Midland Credit is licensed in every state which requires such licensing for collection companies.Ms. [redacted] also 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 July 3, 2017.  However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy.Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt.  It only prevents the account information from being furnished 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 will expire in July 2018.  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] continues to request validation of the above-referenced account, stating that the documentation previously provided is not sufficient to validate the debt.  Please note that the verification information provided by the seller was enclosed in Midland Credit’s previous response to your office.  Furthermore, the verification information 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. If Ms. [redacted] is ready to resolve the above-referenced debt, Ms. [redacted] may qualify for a reduction in her account balance.  Please have Ms. [redacted] call Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist her in reaching a resolution of the account balance.Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to 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: clEnclosure

Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 18, 2016.  Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...

Credit is the servicer of three accounts belonging to [redacted].  Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on March 26, 2014.  Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 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 December 23, 2013.  The balance at the time of purchase was $805.17. 
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on January 30, 2014.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 13, 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 December 23, 2013.  The balance at the time of purchase was $1,553.96. 
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 27, 2014.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 5, 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 December 27, 2013.  The balance at the time of purchase was $227.93. 
[redacted] expresses concern over accounts he has discovered on his credit report, and writes that his requests for validation have not been appropriately responded to.  Midland Credit mailed [redacted] separate and unique validation letters – on April 30, 2014, for account no. [redacted], on February 16, 2014, for account no. [redacted], and on September 5, 2014, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.  (“FDCPA”).  The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.  15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters.  A review of Midland Credit’s business records indicates that while it has not received any written correspondence directly from [redacted], it received notices of possible dispute for the accounts from the credit reporting agencies.
In response to the notifications from the credit reporting agencies, Midland Credit verified the account information being reported to the credit reporting agencies, and mailed [redacted] correspondence containing the appropriate account information, and included the verification information provided by the seller with its responses for account nos. [redacted] and [redacted] on or about December 21, 2015.
[redacted] also writes that he has received calls and letters at his place of work, and that he had advised that he did not want to be contacted at work.  A review of Midland Credit’s business records does not indicate that it received any notice prior to the complaint received through your office that communications to his place of employment were inconvenient.  Neither [redacted]’s work address nor work phone number were provided in the complaint as received through your office.  In order to ensure that [redacted] will no longer receive any unintended communications, please have [redacted] contact Midland Credit’s Consumer Support Services team at [redacted] to confirm that such information so that it may be appropriately updated in Midland Credit’s records.  In the meantime, the above-referenced accounts have been marked “Cease and Desist.”  [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Additionally, [redacted] states that he received a letter from Midland Credit stating an investigation had taken place and that the accounts would be removed from the three major credit reporting agencies, and no further collection activities would occur.  [redacted] further states that this has not been done.  Regarding account nos. [redacted] and [redacted], Midland Credit previously made the business decision to close the accounts on February 8, 2016, and letters advising [redacted] of such was mailed to him that same day.  [redacted] has no further financial obligation for account nos. [redacted] and [redacted].
Shortly thereafter, Midland Credit notified the three major credit reporting agencies to cease reporting the tradelines of account nos. [redacted] and [redacted].  Please note that the credit reporting agencies have advised that they may require 30 to 60 days to update to a consumer’s credit files.
However, regarding account no. [redacted] Midland Credit has reached out to the seller for additional information concerning the account.  Midland Credit has acknowledged [redacted]’s 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 continue to furnish account information to the three major credit reporting agencies for this account until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
 
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.I'm not satisfied with this response. I'm not denying or accepting any debt. This is in regards to Commercial Dispute under the  Uniform Commercial Code. There is an Alleged Debt being claimed against me publicly and im seeking ALL remedies to cure my GOOD name. I did not give Midland Credit mgmt any permission or not do I have an written agreement with them in regards to the Alleged debt that is being publicly declared against me by Midland Mgmt. They took up themselves to acquire this Alleged debt they claim I owe without any consent from me at all. Also, I did respond to Midland's letter that was sent to me 9/5/15 . This was done with a LEGAL & recorded phone call. I called Midland on 9/15/15 at 6:23pm. Midland's Rep agreed that I can record conversation. I've saved it for quality & assurances purposes. These so called facts Midlaland presenting is just another form of extortion without providing ANY proof I personally owe them any Debt. 
Please advise.
Regards,
[redacted]

Dear [redacted]:
 
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 8, 2015.  Midland Credit appreciates the opportunity to answer your questions.
 
[redacted] filed similar complaints...

through the Office of the Attorney General, State of California (“AG”) and Consumer Financial Protection Bureau (“CFPB”).  Copies of Midland Credit’s responses to the AG and CFPB are 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 March 29, 2012.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 7, 2008 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 April 3, 2009.  The balance at the time of purchase was $265.59. 
 
[redacted] expresses a concern that Midland Credit has not verified the debt.  On April 8, 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”).  The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.  15 U.S.C. § 1692.
 
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter.  A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on June 15, 2015, which cannot be considered timely.
 
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.”  15 U.S.C. § 1692g(a)(3).  Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. 
 
With that said, upon receipt of [redacted] letter in June 2015, Midland credit responded by mailing verification documentation provided by the seller to her on or about June 19, 2015.  Another copy of the verification documentation is enclosed.  Please note that the verification information provided by the seller meets the requirements of the FDCPA.  The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
 
[redacted] also writes that this is not her account.  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 [redacted]  If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. 
 
[redacted] can also contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his/her request.  Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response.  Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
 
Until such documentation is received, Midland Credit must respectfully conclude that the debt remains valid, due and owing, and that it is accurately furnishing information for the account to the three major credit reporting agencies.  If [redacted] now believes that the account is hers and is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance.  Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
 
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
 
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
 
Sincerely,
 
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure

March 2, 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 February 17, 2016.  Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 10, 2011.  Information provided by the seller, [redacted] and [redacted] at the time of acquisition indicates this account was originated on November 3, 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 October 28, 2009.  The balance at the time of purchase was $438.77. 
On June 18, 2011, Midland Credit mailed [redacted] a validation letter 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.  In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office.
[redacted] expresses a concern that the account was previously resolved with [redacted] through a consumer credit counseling service.  Upon receipt of [redacted]’s complaint, Midland Credit acknowledged her dispute, annotated the account as disputed, and ceased collection efforts while in the process of reaching out to the [redacted] regarding [redacted]’s claims.  [redacted] has advised that there were no notes or indication of [redacted] working with a consumer credit counseling service, and that the last payment was on March 6, 2009. 
With that said, if [redacted] has documentation that supports her claim that the account was previously resolved with [redacted], Midland Credit respectfully requests such documentation so further review may be conducted.  [redacted] can contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support her request.  Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response.  Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead. 
In the meantime, Midland Credit is still awaiting additional documentation from the seller as part of its investigation.  Please advise [redacted] that Midland Credit’s collection efforts remain suspended during this process and that once verification of the debt has been obtained, a copy will be mailed to your office.  Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
Dear Revdex.com representative – [redacted]
Thank you for your help in resolving my issue. I appreciate the opportunity to answer on MIDLAND FUNDING, LLC aka MIDLAND CREDIT MANAGEMENT (“Midland Credit”) letter. Please take a note that not all information was disclosed by the Midland Credit representative. [redacted] hide some information on his reply letter (and I believe he did it on purpose) and this changed entire dispute. Below I would like to remind Midland Credit about those questions which I asked them and I requested proof:
On my letter which I sent to Midland Credit on September 2nd 2015 and it was delivered on September 8, 2015 I requested full validation with all copies or letters which may be sent out to me. This means that Midland Credit should send me copies of all letters with they may sent me before. I need to see if they are really sent letters to my current Address, which I had for on about 10 years. But I still don’t have a single copy of that letters. Midland Credit fully refuse to send me these letters and show me that they really sent me those letters.
Also, I request Midland Credit to send me full validation with all copies of the Credit Application with original creditor – [redacted] and this Credit Application should be with my signature on it. But I still don’t have a copy of that Credit Application with my signature on it. How Midland Credit know that I open up this account.
So, Instead of answers on ALL above and other questions the Midland Credit requested information from me. I was not asking Midland Credit to ask me questions on my questions, but I asked them to fully validate the debt with proof in writing. I will answer on all questions that Midland Credit requested, but they MUST to answer on my questions and fully validate this collection account for me by law.
If Midland Credit will not validate this account in full by providing me full information which is linked to my name in the next 30 day’s then they MUST to report this account to be deleted from the Credit Reports. But if they refuse to do this, then I will file a more complaints with other Government Federal and State Bureaus until they will stop to violate the law.  Regards,[redacted]

September 27, 2017
 
VIA E-Mail
Revdex.com of San Diego
 
Re:       Consumer complaint of [redacted] Y. [redacted]
Revdex.com# [redacted]
                        MCM #: [redacted]
Original [redacted]or: [redacted], N.A.
Original Account #: [redacted]
 
MCM #: [redacted]
Original [redacted]or: [redacted]
Original Account #: [redacted]
Affinity: [redacted] 
 
MCM #: [redacted]
Original [redacted]or: [redacted]
Original Account #: [redacted]
Affinity: [redacted] 
 
Dear Revdex.com:
 
Thank you for your follow up letter inquiry regarding Ms. [redacted]’s complaint, which Midland [redacted] Management, Inc. (“Midland [redacted]”) received on September 22, 2017.  Midland [redacted] is the servicer of the above-referenced accounts on behalf of the current owner, Midland Funding, LLC (“Midland Funding”).  Midland [redacted] appreciates the opportunity to answer your questions.
 
Ms. [redacted] continues to express a concern that Midland [redacted] has not appropriately validated the above-referenced debts, as it has only provided her with computerized bills rather than a binding agreement containing her signature.  Ms. [redacted] requests to have the accounts removed from her [redacted] report. 
 
As Midland [redacted] advised in its previous response to your office on September 14, 2017, the verification information provided by the sellers 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 [redacted]’s business records indicates that the account information it is furnishing to the three major [redacted] reporting agencies is accurate.
 
Midland [redacted] considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland [redacted] apologizes for the inconvenience caused to Ms. [redacted].  Thank you again for your assistance in this matter.  Please contact Midland [redacted]’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
 
Sincerely,
Midland [redacted] Management, Inc.
 
[redacted]

August 18, 2017
 
VIA E-Mail
Revdex.com of San Diego
 
Re:       Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM #: [redacted]
Original Creditor: [redacted].
Original Account #: [redacted]
 
Dear Revdex.com:
 
Thank you for your follow-up inquiry regarding Mr. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 8, 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.
 
A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have Mr. [redacted] provide his attorney’s information, if applicable, so that we may contact him directly. If Midland Credit does not receive attorney information, it will assume that Mr. [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.
 
Mr. [redacted] continues to express a concern that there is no contract between him and Midland Credit.  As advised in Midland Credit’s previous response to your office, when a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books.  Often, they then sell the debt.  Please note that the underlying promissory obligation remains valid, due and owing.  Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.  The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
 
Mr. [redacted] requests to be provided with a copy of a signed contract and signed receipts.  A copy of the verification information provided by the seller was included with Midland Credit’s initial response to your office dated August 4, 2017.  As advised in Midland Credit’s previous response, 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.
 
Per Mr. [redacted] previous request, the above-referenced account will remain marked “Cease and Desist.”  While it remains due and owing, Mr. [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) 825-8131 ext. [redacted] should you have any further questions.
 
Sincerely,
Midland Credit Management, Inc.
 
[redacted],
Division Manager, Consumer Support Services
AR: [redacted]