Western Power Train Repair Ltd

Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 11, 2016.  Midland Credit appreciates the opportunity to answer your questions.
[redacted] states that he has been receiving...

calls from Midland Credit for someone who does not live at his address or use his phone number.  He also expresses a concern that calls continued after notifying Midland Credit’s Chief Compliance Officer that the number did not belong to the intended party.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer.  During a search for the correct consumer, [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 consumer regarding the referenced account. 
Please note that Midland Credit requires a reasonable amount of time to process concerns and for its system to then be updated. Midland Credit’s Chief Compliance Office received [redacted]’s email on January 3, 2015 as indicated in his complaint, and processed by Midland Credit representatives on January 6, 2015. 
The phone number where calls were placed by Midland Credit, [redacted], was marked “Do Not Call” in Midland Credit’s computer system for the referenced account upon processing of the email notification.  Midland Credit’s business records indicate no calls were made after January 6, 2015, and [redacted] will continue to no longer receive calls from Midland Credit representatives regarding the referenced account.  Both of the numbers provided by [redacted] in the submission to your office have been added to an exclusion list to prevent them from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
 
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]

Dear [redacted]
 
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 26, 2015.  Midland Credit appreciates the opportunity to answer your questions.
 
[redacted] filed a similar complaint through...

the Office of the Attorney General, State of California (“AG”) and the Consumer Financial Protection Bureau (“CFPB”).  A copy of Midland Credit’s responses to the AG and CFPB is enclosed.  An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]
 
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 17, 2011.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 29, 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 12, 2009.  The balance at the time of purchase was $302.07.   
 
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on January 31, 2013.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 15, 2005 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted].  Subsequently, the account was charged-off as an unpaid delinquent-debt on July 30, 2010.  The balance at the time of purchase was $1,653.57. 
 
[redacted] writes that Midland Credit has not provided validation of the above-referenced debts.  Midland Credit mailed [redacted] separate and unique validation letters – on May 21, 2011, for account no. 8539739740, and on March 13, 2013, for account no. 8557702944.  These letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.  (“FDCPA”).  The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.  15 U.S.C. § 1692.
 
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters.  A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on May 11, 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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact you and collect the debts.  Midland Credit is accurately reporting these accounts to the credit reporting agencies.
 
Although your request was not timely, verification information provided by the seller was mailed to [redacted] with respect to account no. [redacted] in response to her dispute.  A copy of the verification information provided by the seller is again enclosed here.  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] writes that when she contacted the original creditor, the representative advised her that there was no record of the above-referenced accounts.  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.
 
If [redacted] is ready to resolve the above-referenced debt, [redacted] 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.
 
Per [redacted]’s previous request, the above-referenced accounts will remain marked “Direct Mail Only.”  While they remain due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
 
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
 
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
  
Sincerely,
 
Midland Credit Management, Inc.
 
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
 
[redacted]
 
Enclosure

Dear [redacted]
 
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
June 5, 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 May 28, 2015.  [redacted] writes that Midland Credit’s
previous response appears to be a computer generated form letter.  Please note, in an effort to remain
consistent with how Midland Credit investigates and responds to consumer
complaints, it uses similar language in its responses.  However, please be assured that Midland
Credit fully respects consumers’ rights and tailors each response to consumers’
individual concerns. 
 
[redacted] further writes that while Midland Credit has not provided validation
documentation, collection on this debt continues.  As noted in its previous response, Midland
Credit mailed [redacted] its initial validation letter on May 3, 2011, which
was not returned as undeliverable. 
Pursuant to the Fair Debt Collection Practices Act (“FDCPA”), a debt
“will be assumed to be valid by the debt collector” if a consumer does not
provide the debt collector with notice of dispute within 30 days of receiving
the initial validation letter.  15 U.S.C.
§ 1692g(a)(3).  The first written
validation request Midland Credit received was the initial complaint submitted
to your office.  Accordingly, Midland
Credit’s position is that [redacted]’s validation request cannot be
considered timely. 
 
While
[redacted]’s request for validation documentation cannot be considered timely,
Midland Credit has received validation documentation from seller.  A copy of the documentation provided by the
seller is enclosed for [redacted]’s records. 
Please note that the verification information provided by the seller
meets the requirements of the 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).
 
If
[redacted] still believes the debt is not valid, Midland Credit is willing to
investigate her concerns and respectfully requests that she provide
documentation substantiating her claim.  If
[redacted] would like clarification concerning the type of documentation
Midland Credit would need to investigate her concerns, she may call its
Consumer Support Services Department at [redacted].  In the meantime, Midland Credit must respectfully conclude that it is accurately
reporting the account to the three major credit reporting agencies. 
 
Aside
from the above, [redacted] also requests that Midland Credit provide a
contract between [redacted] and Midland Credit.  While not required, Midland Credit has also enclosed
a copy of the bill of sale verifying
Midland Funding as the rightful owner of the account.
 
[redacted] may still qualify for a reduction in the account balance.  She may call Account Manager [redacted]
at [redacted] to assist her in reaching a resolution of the
account balance.
 
Midland
Credit 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]
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 21, 2015. 
[redacted] asserts that the documentation Midland Credit has provided to her is not
sufficient.  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.
[redacted] additionally questions whether Midland Credit is licensed to conduct
business in the State of New Hampshire. 
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, her home
state of New Hampshire does not require collection agency licensing. 
As
indicated in prior responses, the above-referenced account will remain marked
“Cease and Desist.”  While it remains due
and owing, [redacted] will continue to not receive correspondence or calls from
Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights.  Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter.  Please contact Midland
Credit’s Consumer Support Services team at ([redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.


















 
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]

April 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] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 11, 2016.  Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”).  A copy of Midland Credit’s response to the CFPB is enclosed.  An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 28, 2016.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 27, 2012 as a [redacted]/[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 3, 2015.  The balance at the time of purchase was $1,151.51. 
[redacted] expresses a concern that Midland Credit contacted him on his work phone number without permission. Please note that to ensure that it has the most up to date consumer information, Midland Credit relies on consumer data provided by reputable third party vendors.  After reviewing the account, it appears that a third party vendor provided [redacted] phone number to Midland Credit.  Relying on that information, Midland Credit updated its records and attempted to contact [redacted] using that phone number. 
Per [redacted] request to stop contacting him, 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.
 
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]
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. While I appreciate Midland responding to my complaint, the information they have provided to you is not true. I have not received the correspondence that they claim to have sent after I initiated my compliant with the credit bureau.  As a matter of fact, when I complained to the credit bureau, Midland changed the information from a closed collection account to an open collection account which did even more harm to my credit report. Midland also said they sent info confirming that the debt from [redacted] was accurate but I just received a letter directly from [redacted] saying that the account was closed in March of 2009. They say the date of last payment was at least 2 months before closing so the account is over 7 years old. [redacted] is deleting the account and, based on the laws governing credit reporting, Midland needs to delete it too. 
I would appreciate it if they would remove the inaccurate information from all of the credit reporting agencies immediately.
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.
If this was a serious matter then why were they on my credit report. I have not received a letter from this usurper until I disputed them on my credit report. I would like for this company to show my authorized signature of there alleged debt. If we can't resolve this I will file a complaint with the Bar Association and US District Court. I hope you take this threat serious and cannot wait for discovery.
Regards,
[redacted]

November 15, 2017VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of [redacted]Revdex.com# [redacted]MCM #: [redacted]Original Creditor: [redacted], N.A.Original Account #: [redacted]Affinity: [redacted]Dear Revdex.com:Thank you for your letter inquiry regarding Ms. [redacted]’ complaint, which...

Midland Credit Management, Inc. (“Midland Credit”) received on November 6, 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.In her complaint, Ms. [redacted] indicates that she may have retained an attorney. Midland Credit has no record of her attorney’s contact information. Please have Ms. [redacted] provide her attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that Ms. [redacted] is not or is no longer working with legal counsel and will mark her account accordinglyMs. [redacted] states that she did not receive an initial notification letter regarding her account.  On October 25, 2017, 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”).  In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA.   Ms. [redacted] expresses multiple concerns regarding a conversation she had with a Midland Credit representative.  Midland Credit’s business records indicate that the representative followed the correct procedures during the phone call with Ms. [redacted] on November 3, 2017.  When the representative asked if he was speaking with [redacted], Ms. [redacted] replied “yes”.  The Midland Credit representative was not required to verify an additional piece of information at that time, and appropriately proceeded with the call.  Additionally, Ms. [redacted] did not allow the representative to finish stating disclosures prior to stating her concerns.Ms. [redacted] also indicated that she believes it is unlawful for Midland Credit to notify her of possible legal options on the account. There are several factors used to determine the eligibility of accounts for legal efforts. As a result, the account has been determined to be eligible for legal efforts.  Midland Credit acted appropriately in advising that non-payment on the account may result in the account being forwarded to a law firm in Ms. [redacted]’ area to review for possible legal efforts to collect the balance.  This was an accurate statement of potential next steps to be taken on the account.Ms. [redacted] requests the account be closed and the credit reporting be updated.  A copy of the verification information provided by the seller is enclosed for Ms. [redacted]’ records. The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.  Additionally, please note that Midland Credit has not furnished any information to the credit reporting agencies regarding the account.Per Ms. [redacted]’ previous request, the above-referenced account will remain marked “Cease and Desist.”  While it remains due and owing, Ms. [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to Ms. [redacted].Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.Sincerely, Midland Credit Management, Inc.[redacted]Senior Manager Operations, Consumer Support Services[redacted]Enclosure

December 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]...

[redacted]
                        [redacted]
 
Dear [redacted]:
 
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 15, 2016.  Midland Credit appreciates the opportunity to answer your questions.
 
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”).  A copy of Midland Credit’s response to the CFPB is enclosed.  An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, [redacted] LLC (“[redacted]”), on June 21, 2016.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 15, 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 May 22, 2016.  The balance at the time of purchase was $660.77.  
 
[redacted] expresses a concern that he did not receive proper notice or disclosure at his physical address prior to the account being placed on his consumer credit files.  On July 27, 2016, Midland Credit mailed [redacted] a validation letter.  Please note that the letter was mailed to the same address listed within the consumer’s complaint 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 [redacted] via email on December 10, 2016, the same day that Midland Credit received his complaint submitted through the CFPB.
In response to the email and CFPB complaint, Midland Credit provided [redacted] a copy of the verification information provided by the seller when it submitted its response to the CFPB. Although verification information was already provided to [redacted], a copy of the documentation is again enclosed for his records.  Please note that the verification information provided by the seller meets the requirements of the FDCPA.  The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
 
[redacted] writes that Midland Credit does not have a court order or signed consent to furnish information on his credit report. 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 account was purchased from the seller with all rights. 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, [redacted], has the right to repayment of the credit account. 
 
The above-referenced account remains collectible, due and owing to Midland Credit as servicer for [redacted]. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
 
If [redacted] is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in his account balance.  Please have [redacted] call Account Manager [redacted] at [redacted] ext. [redacted] to assist him in reaching a resolution of the account balance.
 
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
 
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
 
Sincerely,
 
Midland Credit Management, Inc.
[redacted]
 
[redacted]
 
Enclosure

Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 5, 2016.  Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the...

Consumer Financial Protection Bureau (“CFPB”).  A copy of Midland Credit’s response to the CFPB is enclosed. 
An investigation of this matter indicates that Midland Credit is the servicer of two accounts identified as belonging to [redacted].  Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012.  Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on October 22, 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 August 2, 2010.  The balance at the time of purchase was $3,693.96.  Final payment on the account was received by Midland Credit on October 10, 2013.  [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 13, 2015.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2007, as a [redacted] account number ending in 1781, in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 21, 2009.  The balance at the time of purchase was $1,882.39. 
[redacted] expresses a concern that her first date of delinquency and last payment for account no. [redacted] were in April 2008, and that the account should not be reporting.  Please note, the date of delinquency provided to Midland Credit by the original creditor is February 4, 2010.  This is the date the original creditor considered the account to be delinquent.  There are many different factors the original creditor takes into consideration when determining an account has become delinquent.  A review of Midland Credit’s business records indicate, as [redacted] advised, the last payment received by the original creditor was on April 8, 2008.  Please note, this is not the only factor the original creditor took into consideration when determining the date of delinquency.  An additional review of Midland Credit’s business records indicate the Federal Reporting period for the above-referenced account does not expire until February, 2017. 
During a conversation [redacted] had with a Midland Credit representative on December 10, 2015 in regards to account no. [redacted], she stated that she had documentation to show that the original creditor determined the account went delinquent in April 2008.  Midland credit sent an inquiry to the original creditor and has received a response. The original creditor advised that [redacted] made purchases on the account in January 2008 which were on a “No Pay No Interest” promotion that had an expiration date of December 31, 2009.  The original creditor advised they received one payment on April 8, 2008.  However, the account was charged off due to non-receipt of payment on August 2, 2010, after the promotional period had expired.  As referenced above, payments received on an account are not the only factor the original creditor takes into consideration when determining the date of delinquency.  
In an additional conversation on December 28, 2015 between [redacted] and a Midland Credit representative, account no. [redacted] was discussed.  In that conversation [redacted] advised the representative that she never had that account and it just recently began appearing on her credit file.  [redacted] was advised that the account would cease reporting during an investigation.
Midland Credit acted in a timely manner and has complied with all applicable laws.  However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close account no. [redacted] and to notify the three major credit reporting agencies to remove Midland Funding’s reference to both accounts from [redacted]’s consumer credit files.  Account no. [redacted] will continue to reflect a paid status within Midland Credit’s files but there will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the 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]
Enclosure

December 7, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re:      Consumer complaint of [redacted]
Revdex.com# [redacted]
                        MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 23, 2015.  Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated November 19, 2015.  Per [redacted] request to know who the original creditor is, please advise her that this account originated on March 31, 1999, as a [redacted] account.
[redacted] continues to express a concern that Midland Credit has failed to verify the debt.  As stated in its previous response, Midland Credit previously acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Please note that Midland Credit is still in the process of verifying the debt.  Once Midland Credit has obtained verification, a copy will be sent to your office.  Additionally, as previously stated, Midland Credit will continue to not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
While not referenced in [redacted] original complaint through your office, [redacted] requests proof of the statute of limitations.  A review of Midland Credit’s business records indicates that the statute of limitations is set to expire on September 26, 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. 
[redacted] also requests proof that Midland Credit is licensed to conduct business in the State of [redacted].  Please assure [redacted] that Midland Credit is licensed in every state which requires such licensing for collection companies, including [redacted] where Midland Credit holds several licenses.  Please have [redacted] contact the Office of the Consumer Credit Commissioner for more information regarding licensing requirements. Information regarding licensing can be found on their website, [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]

November 18, 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] and [redacted]
 
Dear [redacted]
 
Thank you for your letter inquiry regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 2016.  Midland Credit appreciates the opportunity to answer your questions.
 
An investigation of this matter indicates that Midland Credit is the servicer of the two accounts referenced in [redacted]’ complaint.  Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 29, 2013.  Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 21, 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 December 9, 2011.  The balance at the time of purchase was $301.00.
 
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 8, 2012.  Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 22, 2007, as a[redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted].  Subsequently, the account was charged-off as an unpaid delinquent-debt on January 31, 2012.  The balance at the time of purchase was $2,981.91.
 
[redacted] expresses a concern that Midland Credit has ignored their request for validation.  Midland Credit mailed [redacted] separate and unique validation letters – on June 6, 2013, for account no. [redacted], and on February 17, 2012, for account no. [redacted]. These letters informed them that Midland Funding had acquired the accounts, and of their 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 has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code.  Please note, [redacted] advises that on July 1, 2016, she mailed a certified letter requesting validation of the account to Midland Credit at the 8875 Aero Dr. Ste 200 San Diego, CA 92123 address.  In July 2015, Midland Credit moved offices from 8875 Aero Drive #200, San Diego, CA 92123 to 2365 Northside Drive, Suite 300, San Diego, CA 92108.
 
While no written correspondence requesting validation for the accounts has been received from [redacted], Midland Credit’s business records indicates that it received notices of possible disputes from the credit reporting agencies for the above-referenced accounts on June 17, 2016, and August 23, 2016. 
 
In response to the notices of possible disputes for account no. [redacted], Midland Credit mailed a letter advising [redacted] that it needed more time to investigate their concerns on July 6, 2016.  Subsequently, Midland Credit made the business decision to close account no. [redacted].  There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of account no. [redacted].  In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [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 [redacted]’ records.
 
With regard to account no. [redacted], upon receipt of [redacted]’ notices of possible disputes, verification information provided by the seller was mailed on July 6, 2016, and again on August 31, 2016. Although verification information provided by the seller was mailed to [redacted] in response to their previous notices of possible disputes for account no. [redacted], a copy of that documentation is again enclosed for their records.
 
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 account no. [redacted] is accurate.  Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act for account no. [redacted].
 
If [redacted] is ready to resolve account no. [redacted], please have [redacted] call Account Manager [redacted] to assist them in reaching a resolution of the account balance.
 
In the meantime, per [redacted]’ request, account no. [redacted] has been marked “Cease and Desist.”  While account no. [redacted] 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 December 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 1, 2014.  Information provided by the seller, [redacted] at the time of acquisition indicates this account originated on December 12, 2007, 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 April 16, 2012.  The balance at the time of purchase was $2,458.33.
 
[redacted] writes that there is no signed contract with Midland Funding or its servicer, Midland Credit.  Consumers are sometimes unclear as to what the term “charge off” means for a debt.  When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books.  Often, they then sell the debt.  Please note that the underlying promissory obligation remains valid, due and owing.  Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.  The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
 
[redacted] expresses a concern that he has not received anything indicating that he owes money to Midland Credit.  On May 16, 2014, 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).  
 
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 August 16, 2016.  In response, a letter was sent to [redacted] on August 19, 2016, along with a copy of the verification information provided by the seller. 
 
Midland Credit received a subsequent letter from [redacted] on September 22, 2016.  As verification information had recently been sent to [redacted], Midland Credit responded with a letter requesting he provide more information regarding the basis of his dispute.  Midland Credit received an additional letter from [redacted] on November 1, 2016.  Midland Credit once again responded requesting that he provide additional information regarding his concerns.
 
A copy of the verification information provided by the seller is once again enclosed for [redacted]’ records.  Please note that the verification information provided by the seller meets the requirements of the FDCPA.  The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.  A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
 
If [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance.  [redacted] may call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
 
Per [redacted]’ previous request to no longer receive communication, the above-referenced account will remain marked “Cease and Desist.”  While the account remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
 
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [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 October 29, 2015.  Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that he has been...

receiving phone calls from Midland Credit regarding a [redacted].  Per a phone conversation with [redacted], on October 25, 2015, it was determined that [redacted] is not the correct consumer for that account.  During a previous search for the correct consumer, [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 consumer regarding the referenced account.  [redacted]’s phone number has been disabled for that account, and no further calls were made to [redacted] regarding that account.
With that said, Midland Credit has located multiple accounts for which [redacted]’ name and phone number is associated.  However, Midland Credit needs additional information to determine if [redacted] is the correct consumer for these accounts. Please note, additional calls were made to [redacted] for these accounts, as Midland Credit has not been supplied with confirmation that [redacted] is not the correct consumer for the accounts. Midland Credit respectfully requests [redacted] provide his social security number so that it may confirm that [redacted] is not the correct consumer for these accounts.  [redacted] may call Midland Credit’s Consumer Support Services team at [redacted] to provide this information.
In the meantime, per [redacted] concerns, his phone number has been marked “Do Not Call” in Midland Credit’s computer system for all accounts for which it is currently associated.  [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts.  Additionally, [redacted]’ 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]

July 27, 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]
Affinity: [redacted]
 
Dear Revdex.com:
 
Thank you for your follow-up inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 18, 2017.  Midland Credit is the servicer of the above-referenced account on behalf of Midland Funding, LLC (“Midland Funding”).  Midland Credit appreciates the opportunity to answer your questions.
 
Midland Credit has recently received notice that the account is currently in the process of being recalled by the seller, [redacted] Bank.  Midland Credit has instructed the three major credit-reporting agencies to delete Midland Funding’s reference to the above-referenced account from Mr. [redacted]’s consumer credit files.  A copy of the request sent to the credit reporting agencies is enclosed for Mr. [redacted]’s records.  Going forward, please have Mr. [redacted] contact the seller to assist him with regards to the above-referenced account.
 
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 Services
AR: kmh
 
Enclosure

November 9, 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]
Affinity: [redacted]
 
Dear Ms. Carrillo:
 
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on October 30, 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] writes that he has disputed the account with Midland Credit and has not received a response.  Midland Credit’s business records indicate that it received a notice of dispute through the credit reporting agencies on August 14, 2017.  In response, Midland Credit mailed Mr. [redacted] a letter on September 1, 2017 advising that his dispute was being investigated.  Midland Credit subsequently received a letter directly from Mr. [redacted] on October 2, 2017, and responded by once again sending him a letter on October 13, 2017 advising that his dispute was being investigated. 
 
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 have been notified to delete Midland Funding’s reference to the collection account in question from Mr. [redacted]’s consumer credit files.  A copy of the request which was sent to the credit reporting agencies is enclosed for Mr. [redacted]’s 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]
Senior Manager Operations, Consumer Support Services
[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.
This action against Midland Credit Management/Encore. Pursuant to Government action (ADMINISTRATIVE PROCEEDING File No. 201 -CFPB-0022) Consent Order filed by CFPB vs. Encore/Midland Credit Management. Encore/ Midland Credit Management has violated several laws pursuant in this action against me by failing to communicate this too credit bureaus. Which has caused me Severe Damage to my credit by being denied credit because of this one collection on my three credit reports. A.Cease and Desist Order - FAILED TO REPORT TO CEDIT BUREAUS (paragraph 146 Item D) B. Past Statute of limitations C.Filing Misleading Collection Affidavits D.Different opened and closed dates without explanation of interest calculations E. Order to Pay Redress pursuant to paragraphs 143-147 Consent Order Paragraph Numbers 94 95 97 106 107 109 110 118 126 129 131 143-147 146 Remove From all three credit reports and compensation ,if applicable
Regards,
[redacted]

January 8, 2018VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of [redacted]Revdex.com# [redacted]MCM #: [redacted]Original Creditor: GE [redacted]Original Account #: [redacted]Affinity: [redacted]Dear Revdex.com:Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland...

Credit Management, Inc. (“Midland Credit”) received on December 29, 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.Midland Credit’s business records indicate that final payment on the account was received by Midland Credit on or about May 27, 2016.  Midland Credit subsequently began furnishing information for the account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.”  In October of 2016, Midland Credit updated its credit reporting policy.  As a result, the three major credit reporting agencies were notified to remove reference of the collection account from Ms. [redacted]’s credit files on October 8, 2016.  With that said, if Ms. [redacted] has concerns regarding the information being reported by the original creditor, she may dispute it directly with the credit reporting agencies.  Ms. [redacted] continues to have no further [redacted] obligation for this account.Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to Ms. [redacted].  Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.Sincerely, Midland Credit Management, Inc.[redacted],Senior Manager Operations, Consumer Support ServicesAR: [redacted]

Dear [redacted]
 
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 26, 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 11, 2015.  Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 11, 2012 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted].  Subsequently, the account was charged-off as an unpaid delinquent-debt on March 30, 2014.  The balance at the time of purchase was $529.38. On June 21, 2015 the account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”) for further servicing.
 
The complaint indicates that multiple disputes have been submitted and Midland Credit has refused to acknowledge them.  Midland Credit received notices of possible dispute from the credit reporting agencies as well as email correspondence on several occasions and responded accordingly.
 
Validation of the debt was provided to [redacted] on September 23, 2015, and again on May 2, 2016 along with letters advising that Midland Credit had investigated the claims. Additional letters were sent on May 4, 2016, June 3, 2016, July 11, 2016 and August 5, 2016 in response to correspondence from [redacted]. The contact information for Consumer Support Services was also provided in the letters. A copy of the verification information provided by the seller and a copy of the judgment is enclosed for your records.   A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
 
[redacted] also alleges that Midland Credit has inaccurate information with regard to the original creditor. The account information provided to Midland Credit comes directly from the seller, [redacted], and is believed to be accurate. If [redacted] has documentation to substantiate the claim of inaccuracy, or to show that the debt was the result of a banking error, she may forward it to CSS using the contact information on this letterhead, or directly to the Internal Legal Department.
 
[redacted] also communicates a desire to settle the account.  Midland Credit encourages [redacted] to work with its Internal Legal Department to assist in reaching a positive resolution.  They may be reached at PO Box 939050, San Diego, CA 92193 and 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

December 1, 2017VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of [redacted]Revdex.com# [redacted] MCM #: [redacted]Original [redacted]or: [redacted]Original Account #: [redacted]Dear Revdex.com:Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland...

[redacted] Management, Inc. (“Midland [redacted]”) received on November 21, 2017.  Midland [redacted] is the servicer of the above-referenced account on behalf of the current owner, Midland Funding, LLC (“Midland Funding”).  Midland [redacted] appreciates the opportunity to answer your questions.Midland [redacted]’s business records indicates that it received the first correspondence directly from Mr. [redacted] disputing the debt on August 18, 2017.  In response, Midland [redacted] mailed Mr. [redacted] a copy of the verification information provided by the seller on September 8, 2017.  Midland [redacted] received subsequent disputes from Mr. [redacted], to which it appropriately responded.A copy of the verification information provided by the seller is once again enclosed for Mr. [redacted]’s records.  Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”).  The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Please note, Midland [redacted] previously notified the [redacted] reporting agencies to cease reflecting the collection tradeline on Mr. [redacted]’s consumer [redacted] files, and it has made the business decision not to request the tradeline be reinstated.Per Mr. [redacted]’s 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 [redacted] representatives unless a response is required by law.Midland [redacted] considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland [redacted] apologizes for the inconvenience caused to Mr. [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 Credit Management, Inc.[redacted],Senior Manager Operations, Consumer Support ServicesAR: [redacted]Enclosure