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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 this Court has not found any case law interpreting this phrase, a handful of cases have analyzed the phrase "send the consumer a written notice," which also appears in § 1692(a)(2).These cases have coalesced around the proposition that "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006); see also Mahon v. Credit Bureau of Placer County, 171 F.3d 1197, 1201-02 (9th Cir. 1999).
Midland Credit Management soft pulled my transunion credit report on 11/11/2015. They would have known that the address that they where sending the dunning letter was no longer valid because my file has ONLY my current information on it. This shows that they intentionally sent the letter to a address that they knew I would not receive it which was already won in the court cases above.
Also, Midland says that they do not have to show any more proof of the validity of the debt and that the have done there due diligence according to the FDCPA and FCRA. We both know that that is not the case and they must prove there current business relationship and complete validation. Not a print off with a bunch of numbers and info that anyone could print up. I again demand complete validation of this debt and there right to collect it or removal of the collection from all three reports or I will be forced to take my complaint further.
Regards,[redacted]
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 August 27, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 8, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on April 6, 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 31, 2012. The balance at the time of purchase was $6,277.36.
A review of Midland Credit’s business records indicates that on April 22, 2012, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department’s business records indicate that appropriate legal action was initiated on October 19, 2012. Service of Process was completed on October 27, 2012, and a judgment was obtained on November 13, 2013. A copy of the judgment is enclosed.
[redacted] expresses a concern that she is making payments in accordance with the arrangement set up with the Internal Legal Department but that the account continues to reflect missing payments and appears as a collection account on her credit report. The Internal Legal Department advises that [redacted] is current in making payments according to the agreement reached with them.
Regarding [redacted]’s concerns about the manner in which the account is appearing on her consumer credit files, although Midland Credit submits regular updates to the reporting agencies, Midland Credit does not report accounts as having missed payments to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Additionally, the account was sold into collections by the original creditor and as such, must be accurately reflected as a collection account.
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that Midland Credit is furnishing accurate information to the credit reporting agencies. In addition, if [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.
Should [redacted] have any further questions about continuing with her agreement to resolve the account balance, she may contact the Internal Legal Department at PO Box 939033, 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
May 25, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions. Please note, Mr. [redacted] references an account purchased from [redacted]’s, however, a review of Midland Credit’s business records shows that it does not own such an account for Mr. [redacted].
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/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that Mr. [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 27, 2016. Information provided by the seller, [redacted] III, LLC at the time of acquisition indicates this account was originated on August 31, 2014, 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 17, 2015. The balance at the time of purchase was $458.91.
Mr. [redacted] expresses a concern that his request for validation was ignored. On January 29, 2016, Midland Credit mailed Mr. [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 Mr. [redacted] in response to the letter. Although no written requests for validation have been received, a copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records.
During a telephone call from Mr. [redacted] on May 4, 2016, Mr. [redacted] advised that he disputed the referenced debt and believed the account was a result of identity theft. The account was sequestered at that time and shortly thereafter Midland Credit received the current complaint through the Revdex.com.
Midland Credit stands ready to assist Mr. [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that Mr. [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Mr. [redacted] should complete the form and have the form notarized.
Mr. [redacted] can also contact Midland Credit online at www.midlandcreditonline.com/consumer-resolution-center/, where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or Mr. [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Lastly, Mr. [redacted] expresses a concern that Midland Funding is reporting false information to the credit reporting agencies. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Midland Credit 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
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.
Regards,
[redacted]
I'm paying off this court order debt. I was getting an invoice statement each month with the amount of money I owe them. One day last year this process stop.I'm keeping my records on my payments. What is responsibility of this Collection company?
April 29, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 15, 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 April 14, 2016. In the previous response Midland Credit stated that it had acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and was 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.
[redacted] expresses a concern that Midland Credit is irresponsibly furnishing information to the credit reporting agencies. 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.
Please note that during this investigation period, Midland Credit had notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’s consumer credit files, and it has made the business decision not to request the tradeline be reinstated.
A review of Midland Credit’s business records indicates that [redacted] called and spoke with a Midland Credit representative on April 27, 2016. During the conversation [redacted] advised she would like to resolve the debt. On April 28, 2016, [redacted] made payment to resolve the balance for the account. Midland Credit has updated its file to reflect a paid status on the above-referenced account. [redacted] has no further financial 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 [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
August 11, 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 Miss [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on August 2, 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.
Miss [redacted] continues to assert that there is no contract with Midland Credit regarding the above-referenced account. As stated in its previous response, when a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books, and often sells the debt. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
Additionally, Miss [redacted] states no response was sent to a dispute from 2016, and that documentation validating the debt from the above-referenced account was never received within the required timeframe. A review of Midland Credit’s business records indicates that no written correspondence was received directly from Miss [redacted] prior to the previous complaint filed through your office. A further review of Midland Credit’s business records indicates that it received notices of dispute from the credit reporting agencies on June 12, 2016, and additionally on July 10, 2017, and on July 11, 2017. In response to each notice received, Midland Credit appropriately verified the information it is furnishing to the credit reporting agencies regarding the account, and the verification information provided by the seller was mailed to Miss [redacted] on June 29, 2016.
Miss [redacted] also indicates that the billing statements have an invalid address for the mailing dates, but did not provide further clarification. Midland Credit respectfully requests that Miss [redacted] provide additional information so that it may investigate her concerns further. Miss [redacted] may contact Midland Credit online at www.midlandcreditonline.com/consumer-resolution-center/, where she can email questions to a Consumer Support Services (“CSS”) specialist, find the answers to frequently asked questions, and upload documents to support her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate Miss [redacted]’s question and mail back a response. Alternatively, Miss [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
A copy of Midland Credit’s response to Miss [redacted]’s previous inquiry is enclosed. As stated in its previous response, Midland Credit’s business records indicate that the account information it is furnishing to the three major credit reporting agencies is accurate.
In the meantime, per Miss [redacted]’s previous concerns, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, Miss [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 Miss [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: cl
Enclosure
November 18, 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], and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“[redacted]”). A copy of Midland Credit’s response to the [redacted] is enclosed. An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted] which have recently been reported to the credit reporting agencies.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 22, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 6, 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 September 12, 2010. The balance at the time of purchase was $1,559.28.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 9, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 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 June 25, 2010. The balance at the time of purchase was $2,884.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 28, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated with [redacted] on April 4, 2006, and was subsequently converted to 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 August 31, 2010. The balance at the time of purchase was $1,940.41.
[redacted] expresses a concern that he has contacted Midland Credit several times with regard to the above-referenced accounts appearing on his consumer credit files. Midland Credit mailed [redacted] separate and unique validation letters – on October 29, 2010, for account no. [redacted], on December 17, 2010 for account no. [redacted], and on April 2, 2012, 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 it received the first correspondence requesting validation from [redacted] for each of the above-referenced accounts on June 19, 2015.
Based on the information provided by [redacted] and pursuant to the [redacted] Finance Code, Midland Credit responded by sending Mr. [redacted] letters in regard to each account on or about July 7, 2015, advising him Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced accounts, was accurate. Copies of the verification information provided by the seller for account nos. [redacted] and [redacted] were included with their respective letters, and are again enclosed here. Please note that the verification information provided by the sellers meets the requirements of the FDCPA.
With regard to account no. [redacted], upon receipt of the complaint filed through the [redacted], Midland Credit acknowledged [redacted] current dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to [redacted] through the [redacted] and through your offices. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
[redacted] indicates that he believes that Midland Credit’s statement in the response to the [redacted] that it was in the process of obtaining verification information from the seller for account no. [redacted] is an admission that the information it had been reporting to the credit reporting agencies was inaccurate. This is not the case. However, Midland Credit is taking additional steps to obtain verification documentation from the seller for [redacted] also requests that all three accounts be removed from his consumer credit files. With regard to account nos. [redacted] and [redacted], please note that based on the information provided by the seller, Midland Credit has determined that its credit file and information being furnished for the accounts 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. As stated above, information for account no. [redacted] will not be furnished to the three major credit reporting agencies until it is able to provide [redacted] with verification documentation.
If [redacted] is ready to resolve the debts, he may qualify for a reduction in his respective account balances for account nos. [redacted] and [redacted]. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his respective account balances. Per [redacted] previous request for Midland Credit to not contact him, account nos. [redacted] and [redacted] will remain marked “Cease and Desist.” While the referenced accounts remain due and owing, [redacted] will continue to not 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
November 10, 2017VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of Ms. [redacted]Revdex.com# [redacted]MCM #: [redacted]Dear Revdex.com:Thank you for your letter inquiry regarding Ms. [redacted]’ complaint, which Midland [redacted] Management, Inc. (“Midland [redacted]”) received on November 1, 2017. Midland [redacted]...
appreciates the opportunity to answer your questions.An investigation of this matter indicates that Midland [redacted] became the servicer of the above referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on March 18, 2014. Information provided by the seller, [redacted] III, LLC, at the time of acquisition indicates this account originated on October 14, 2012, as [redacted], in the name of [redacted], under the last four of the social security number [redacted]. [redacted] can be reached at P.O. Box [redacted] Las Vegas, NV, 89193. The first delinquency occurred on August 19, 2013. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 20, 2014. The balance at the time of purchase by Midland Funding was $617.37. A copy of the chain of title documentation, the bill of sale verifying Midland Funding as the rightful owner of the account is enclosed, along with a copy of a seller data sheet confirming the account was included in the purchase from [redacted] III, LLC are enclosed.A review of Midland [redacted]’s business records indicates that on July 20, 2014, this account was placed with [redacted]. Suit was filed on September 29, 2014, Ms. [redacted] was served on December 23, 2014, and judgment was obtained on February 26, 2015. The current amount due is $400.00, which is the charge off balance of $617.37, plus $125.48 in pre-judgment costs, less $342.85 in payments. A copy of the judgment is enclosed.Ms. [redacted] expresses a concern that she began making payments to [redacted], even though she doesn’t feel responsible for the debt. [redacted] advises that Ms. [redacted] set up a payment plan in June 2017. At that time, Ms. [redacted] advised that she believed her sister may have opened the account, but did not want to press charges, and therefore entered into a payment arrangement. The arrangement has since been cancelled due to non-payment.Ms. [redacted] additionally writes that when she requested validation of the debt in September and October 2017, she only received a copy of a court order. A review of Midland [redacted]’s business records indicates that in response to Ms. [redacted] request, a copy of the judgment was provided to her, which is sufficient documentation to validate the debt. With that said, the verification information provided by the seller, as requested, is enclosed. 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. 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.Ms. [redacted] further states that she attempted to offer a settlement on October 23, 2017, but never received a response. [redacted] advises that Ms. [redacted] contacted their offices that day, and requested that the m[redacted]y taken so far from garnishment be considered sufficient to resolve the judgment. [redacted] was unable to accept Ms. [redacted]’ offer, but offered a payment plan on the remaining balance. Midland [redacted] encourages Ms. [redacted] to work with [redacted] to assist in reaching a positive resolution. Ms. [redacted] may reach [redacted] at [redacted] Heights, OH 44131. Their ph[redacted] number is (800) 292-[redacted].Midland [redacted] and [redacted] have acted appropriately and in a timely manner, and so must respectfully decline Ms. [redacted]’ request to have the m[redacted]y she has paid refunded. Please assure Ms. [redacted] that Midland [redacted] 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 [redacted].Ms. [redacted] also requests licensing information for Midland [redacted] in the state of [redacted]. Please assure Ms. [redacted] that Midland [redacted] is licensed in every state which requires such licensing for collection companies. Please have Ms. [redacted] contact her local state agency for more information regarding licensing requirements.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 [redacted] representatives unless a response is required by [redacted].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],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.
I have tried several times to reach the account manager listed on their response unsuccessfully. I'm either told she's unavailable or my messages have not been returned. They have also now flagged the account as a "collections" account, which has negatively impacted my credit score. I've also noticed the amount charged off by the original creditor is not the same amount midland funding is attempting to collect. I would like an explanation for that. Since I have been unable to reach the account manager, I would like this person to contact me to resolve the account.
Regards,
[redacted]
December 4, 2015
VIA E-Mail
*
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 20, 2010. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 31, 2002, 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 September 30, 2010. The balance at the time of purchase was $3,983.48. A review of Midland Credit’s business records indicates that on June 15, 2014, this account was assigned to [redacted]
A review of Midland Credit’s business records indicates that [redacted] has retained [redacted] advised a letter was received on October 16, 2015 from [redacted] allowing [redacted] representatives to speak directly to [redacted]
[redacted] expresses a concern that he has made three attempts to have the dispute removed from his credit report. [redacted] advised that on September 24, 2015, [redacted] called the firm to state he was no longer disputing the debt. The firm advised [redacted] that because he is represented by an attorney, communication must go through his attorney. [redacted] further advised that a call was received from [redacted] on October 22, 2015, after [redacted] letter allowing direct communication with [redacted], in which [redacted] offered to resolve the account for $1,000.00 and requested the account be removed from his credit report. Please note that Midland Credit furnishes account information to the credit reporting agencies and, accordingly, the [redacted] representative advised [redacted] that the firm does not report to the credit reporting agencies.
With that said, a review of Midland Credit’s business records indicates that on November 13, 2015, it received a fax from [redacted] requesting the disputed status of his account be removed. Upon receipt of the fax, Midland Credit appropriately updated its records to reflect that the account is no longer disputed and an update was sent to the three major credit reporting agencies on November 19, 2015. Per [redacted] concerns, another update has been sent to the credit reporting agencies. Copies of the Universal Data Form for both updates are enclosed for [redacted] records. The XR code in the account information section is the code which tells the credit reporting agencies that the previous dispute should be removed. Please note, it may take 30-60 days for the status of the account to be reflected with the credit reporting agencies.
Midland Credit encourages [redacted] or his attorney to work with [redacted] to assist in reaching a positive resolution. [redacted] or his attorney may reach [redacted]. Their phone number is [redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
9/1/2016
[redacted] POS PUR 08/31 08:01 MIDLANDCREDITMAN [redacted] GB [redacted]
Professional Services($84.00)This is what is on m
y bank statement. I will not be providing an actual copy of my bank statement to them. If there is, in fact, an additional fee, I should have been...
informed of such. It seems to me they charged me $84, no charge came from my bank.
In the past with international exchange rates, it shows as a separate line item.
Sincerely,[redacted]
October 21, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 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 23, 2015. Since that time, the above referenced account has become the subject of ongoing contested civil litigation. For that reason, and given the contested nature of the matter, Midland Credit will be addressing the allegations contained in [redacted] complaint as part of the formal litigation process.
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]
December 1, 2017VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of [redacted]Revdex.com# [redacted]MCM #: [redacted]Original Creditor: [redacted]Original Account #: [redacted]Dear Revdex.com:Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit...
Management, Inc. (“Midland Credit”) received on November 21, 2017. Midland Credit is the servicer of the above-referenced account on behalf of the current owner, Midland Funding, LLC (“Midland Funding”). Midland Credit appreciates the opportunity to answer your questions.Ms. [redacted] states that she previously requested validation of the account and did not receive a response, however her credit report was updated as verified. Midland Credit’s business records indicate that it did not receive any correspondence directly from Ms. [redacted] prior to the complaint through your office. However, Midland Credit received a notice of dispute from the credit reporting agencies on August 9, 2017. In response, Midland Credit appropriately verified the account information it was furnishing to the credit reporting agencies. Additionally, verification information was mailed on August 28, 2017. Midland Credit received notice on or about October 4, 2017 that the verification information that had been mailed was undeliverable. Subsequently, on October 16, 2017 Midland Credit received an additional notice of dispute from the credit reporting agencies. Midland Credit once again verified the account information it was furnishing at that time. In addition, verification information provided by the seller was once again mailed to Ms. [redacted] on October 30, 2017.A copy of the verification information is once again enclosed for Ms. [redacted]’s records. Additionally, a review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.Ms. [redacted] states that she has no knowledge of this account and never had an account with the original creditor. Midland Credit stands ready to assist Ms. [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 Ms. [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 obtained by submitting a report through the Federal Trade Commission (“FTC”) online at www.identitytheft.gov. After submitting it to the FTC directly, Ms. [redacted] can then provide a copy of the affidavit to Midland Credit. 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: kmhEnclosure
February 8, 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 January 29, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 4, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 1, 1994 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 31, 2008. The balance at the time of purchase was $7,876.13.
[redacted] expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
Per [redacted]’s request to only be contacted by mail, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] may contact her at [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]
[redacted] [redacted]
[redacted]...
[redacted]
*
Dear Revdex.com:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 3, 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] expresses a concern that his requests for validation have been ignored. On May 9, 2014, Midland Credit mailed Mr. [redacted] a validation letter. Please note that the letter was mailed to Mr. [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first notice of dispute through a credit reporting agency on June 6, 2017. Although verification information provided by the seller was mailed to Mr. [redacted] in response to his dispute on June 28, 2017, a copy of that 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. 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.
Mr. [redacted] also 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.
If Mr. [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Midland Credit Account Manager [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 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
[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.First of all, Midland Funding has violated state and federal consumer protection laws. The information they are providing now comes too little too late. The bottom line is they never responded to my request for validation within the specified time period, and they never ceased collection activity. Credit bureau reporting is considered collection activity case law that supports this is [redacted] vs. Diem Corp. I have made every effort to resolve this matter without taking legal action. I am respectfully requesting that Midland Funding request deletion of this invalidated account,.
Regards,
[redacted]
November 8, 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. [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received 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.
A review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Midland Credit has no record of her attorney’s contact information. Please have Ms. [redacted] provide his/her attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that Ms. [redacted] is not or is no longer working with legal counsel and will mark her account accordingly.
Ms. [redacted] states that she did not receive a notice of Midland Credit’s intent to collect on this debt. On July 31, 2015, Midland Credit mailed Ms. [redacted] a validation letter. Please note that the letter was mailed to Ms. [redacted] at [redacted], Willow [redacted], the address provided to Midland Credit by the original creditor, 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] states that the account is listed on her credit report with an incorrect company name and an incorrect address. Midland Credit furnishes account information to the credit reporting agencies on behalf of the current owner of the account, Midland Funding. As such, the account should appear on Ms. [redacted] credit report under Midland Funding, LLC. Additionally, Midland Credit is currently furnishing information to the credit bureaus using the address listed on this letterhead. Ms. [redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns.
Ms. [redacted] states that she has requested documentation regarding this account and has not received the information she is entitled to. A review of Midland Credit’s business records indicates that it began receiving notices of dispute through the credit reporting agencies on July 24, 2016. In response, verification information provided by the seller was mailed to Ms. [redacted] on July 27, 2016.
A copy of the verification information is again enclosed for Ms. [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.
A review of Midland Credit’s business records indicates that on October 4, 2015, this account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department advised that a judgment was issued on December 31, 2015, a copy of which is enclosed for Ms. [redacted] records.
Midland Credit encourages Ms. [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution. Ms. [redacted] may reach the Internal Legal Department at PO Box 939050, San Diego, CA 92193. Their phone number is (866) 300-8750.
In the meantime, 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
August 19, 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 August 11, 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 pur[redacted]r, Midland Funding, LLC (“Midland Funding”), on February 28, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 20, 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 pur[redacted] was $2,572.97.
Midland Credit became the servicer of account no. [redacted], on behalf of pur[redacted]r, Midland Funding, on February 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 19, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 30, 2010. The balance at the time of purhase was $1,026.80.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 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 June 7, 2010. The balance at the time of purchase was $1,038.43.
[redacted] alleges that Midland Credit never responded to her request for validation. Midland Credit mailed [redacted] separate and unique validation letters – on March 9, 2012, for account no. [redacted], on March 9, 2012, for account no. [redacted], and on October 26, 2013, for account no. [redacted]. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692. Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from [redacted] in response to the letters.
Midland Credit’s business records indicate that it received the first written correspondence from [redacted] on June 20, 2016. Prior to receiving the written correspondence Midland Credit had received notices of possible disputes from the credit reporting agencies. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded on May 18, 2016, by sending her a copy of the verification information provided by the seller for account nos. [redacted] and [redacted] and letters advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced accounts, was accurate.
With regard to account no. [redacted], Midland Credit responded to [redacted] by sending her a letter advising her that it had opened an investigation and had requested the appropriate documentation. Midland Credit removed the trade line and marked the account as disputed while the investigation was pending. On July 6, 2016 Midland Credit mailed [redacted] a copy of the verification information provided by the seller.
Although verification information provided by the seller was already mailed to [redacted] in response to her disputes, copies of that documentation are again enclosed for her 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. 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.
If [redacted] is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in her respective account balances. Please have [redacted] call Account Manager [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]