Western Power Train Repair Ltd

Dear Ms. [redacted]:
 
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on September 1, 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] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”).  Given that Midland Credit’s response to the complaint from your office would contain similar information as the response which Midland Credit previously provided to the CFPB, a copy of that response is enclosed.
 
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
 
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
 
Sincerely,
Midland Credit Management, Inc.
 
[redacted]
Division Manager, Consumer Support Services
AR: [redacted]
 Enclosure

December 29, 2016
 
VIA E-Mail
 
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
 
[redacted]      [redacted]
[redacted]...

[redacted]
                        [redacted]
 
Dear [redacted]:
 
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 19, 2016.  Midland Credit appreciates the opportunity to answer your questions.
 
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on June 19, 2015.  Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on September 5, 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 11, 2015.  The balance at the time of purchase was $1,284.05. 
 
[redacted] states that he has no knowledge of the account.  Midland Credit sent [redacted] a validation letter on July 1, 2015.  In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.  (“FDCPA”).  Please note that the letter was mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.  15 U.S.C. § 1692.
 
Midland Credit’s business records indicate that it received the first written correspondence from [redacted] on March 15, 2016.  Based on the information [redacted] provided and pursuant to the [redacted], Midland Credit responded by sending him a copy of the verification information provided by the seller and a letter on March 21, 2016, advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate.  A copy of the validation documentation is again enclosed for [redacted] records.
 
[redacted] expresses a concern that he did not open the above-referenced account with Midland Funding.  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.
 
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for the above-referenced account, is accurate.  Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the [redacted] and/or the Fair Credit Reporting Act.
 
Per [redacted] request the above-referenced account has been marked “Cease and Desist.”  While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
 
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to [redacted].
 
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
 
Sincerely,
Midland Credit Management, Inc.
[redacted]
[redacted]
[redacted]
[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.
[No verification was provided to me as indicated by the collection agency after my initial.dispite in 2016. In addition, review of the documentation submitted shows an invalid address for the mailing dates. I did not enter into any agreement with this agency and have no contract with them. I also never received documentation validating this alleged debt within the required timeframe. I request that the collection agency cease the reporting of this account to all three bureaus and remove said account from all credit reports maintained by the 3 credit bureaus.]
Regards,
[redacted]

November 3, 2017
 
VIA E-Mail
Revdex.com of San Diego
Re:      Consumer complaint of [redacted]
Revdex.com# [redacted]
                        MCM #: [redacted]
Original...

[redacted]or: [redacted]
Original Account #: [redacted]
Affinity: [redacted]
 
MCM #: [redacted]
Original [redacted]or: [redacted], N.A.
Original Account #: [redacted]
 
Dear Revdex.com:
 
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland [redacted], Inc. (“Midland [redacted]”) received on October 25, 2017.  Midland [redacted] is the servicer of the above-referenced accounts on behalf of the current owner, Midland Funding, LLC (“Midland Funding”).  Midland [redacted] appreciates the opportunity to answer your questions.
 
Mr. [redacted] writes that the accounts are not collectable since the original [redacted]ors have written off the debts.  Consumers are sometimes unclear as to what the term “charge off” means for a debt.  When a [redacted]or "charges off" an account, it means that the [redacted]or 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 [redacted]ors had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the [redacted] accounts.  The above-referenced accounts remain collectible, due and owing to Midland [redacted] as servicer for Midland Funding.
 
Mr. [redacted] expresses a concern that his requests for validation have been ignored.  A review of Midland [redacted]’s business records indicates that no correspondence was received directly from Mr. [redacted] prior to the complaint filed through your office.  However, for account no. [redacted], Midland [redacted] began receiving notices of dispute from the [redacted] reporting agencies on or about May 18, 2017.  In response to each notice received, Midland [redacted] appropriately verified the information it is furnishing to the [redacted] reporting agencies for account no. [redacted].  Further, a copy of the verification information provided by the seller was mailed to Mr. [redacted] on June 12, 2017, for account no. [redacted].
 
A copy of the verification information provided by the sellers for account nos. [redacted] and [redacted] is enclosed for Mr. [redacted] records.  Please note that the verification information provided by the sellers meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”).  The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.  A review of Midland [redacted]’s business records indicates that the account information it is furnishing to the three major [redacted] reporting agencies is accurate for the above-referenced accounts.
 
If Mr. [redacted] is ready to resolve the above-referenced accounts, Mr. [redacted] may qualify for a reduction in his account balances.  Please have Mr. [redacted] call Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist him in reaching a resolution of the account balances.
 
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 [redacted], Inc.
 
[redacted]s,
Senior Manager Operations, Consumer Support Services
[redacted]
 
Enclosure

Dear Revdex.com: Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 16, 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] filed a similar complaint through your office on May 11, 2017, with complaint number [redacted].  Given that Midland Credit’s response to the current complaint from your office would be the same as the response which Midland Credit previously provided to the your office via e-mail on May 23, 2017, a copy of that response is enclosed. Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to Ms. [redacted]. Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions. Sincerely,Midland Credit Management, Inc. 
[redacted]Division Manager, Consumer Support Services[redacted]

Dear Ms. [redacted]:
 
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 31, 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 January 31, 2013.  Information provided by the seller, [redacted]C, at the time of acquisition indicates this account was originated on September 21, 2007 as a [redacted] cellular 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 4, 2012.  The balance at the time of purchase was $1,218.02. 
 
Ms. [redacted] expresses a concern that she has not been provided with a breakdown of the charged incurred by [redacted] for the debt.  On March 15, 2013, Midland Credit mailed Ms. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.  (“FDCPA”).  The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.  15 U.S.C. § 1692.
 
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter.  In fact, no correspondence was received directly from Ms. [redacted] prior to the complaint filed through your office, which cannot be considered timely.
 
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.”  15 U.S.C. § 1692g(a)(3).  Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
 
As indicated in Ms. [redacted]’s submission through your office, she spoke with Midland Credit representatives regarding the account.  Midland Credit would first like to thank Ms. [redacted] for complimenting the representatives on their attempts to assist her.  And although a review of Midland Credit’s business records indicates all of the account balance information provided to it by the seller has been given to Ms. [redacted], Midland Credit apologizes that its representatives were unable to further assist in the matter. 
 
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 the account.  There will be no further collection activity, credit reporting or sale of this account.  In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection account in question from Ms. [redacted]’s consumer credit files.
 
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights.  Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
 
Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
 
Sincerely,
 
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
 
[redacted]

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.
Unfortunately with no contract I have no proof of this being my debt, no where on any of these statements provided does my name appear. I have sent certified mail as of July 13, 2017 a copy of my fraud affidavit, I request upon receipt that these charges be removed on all three credit reporting agencies
Regards,
[redacted]

Dear Ms. [redacted]:
 
Thank you for your letter inquiry
regarding Mr. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
September 10, 2015.  Midland Credit appreciates the opportunity to
answer your questions.
 
A review
of Midland...

Credit’s business records indicates that Mr. [redacted] has retained an
attorney. Going forward, all communication about the matter should be handled
by his attorney.  If Mr. [redacted] is no longer represented by an attorney,
please have him provide Midland Credit with written notice so it may update its
records and allow its representatives to communicate with him directly. 
 
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on December 28, 2012.  Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on November 8, 2011 as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security number
[redacted].  Subsequently, the account was
charged-off as an unpaid delinquent-debt on March 21, 2012.  The balance at the time of purchase was $1,404.44.
 
Mr.
[redacted] expresses a concern that he has no knowledge of the above-referenced
account and never gave consent to open it. 
On January 12, 2013, Midland Credit mailed Mr. [redacted]a a validation
letter, which informed him that Midland Funding had acquired the account, and
of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §
1692 et seq.  (“FDCPA”). 
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA.  15
U.S.C. § 1692.
 
Midland
Credit did not receive Mr. [redacted] correspondence August 14, 2015. Although
verification information provided by the seller was mailed to Mr. [redacted] in
response to his dispute August 19, 2015, a copy of the verification information
provided by the seller is enclosed. 
Please note that the verification information provided by the seller
meets the requirements of the FDCPA.  The
original contract, complete payment history, and a full set of billing
statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
 
Mr.
[redacted] also expresses a concern that Midland Credit is reporting the
above-referenced account as a revolving open account showing it’s an open
account on a monthly term.  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. 
 
Midland
Credit acted in a timely manner and has complied with all applicable laws.  However, in keeping with its Consumer-First
policy, Midland Credit made the business decision to close the account on
September 8, 2015.  There will be no
further collection activity, credit reporting or sale of this account.  In addition, the three credit-reporting
agencies will be notified to delete Midland Credit’s reference to the collection
account in question from Mr. [redacted] consumer credit files.
 
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights.  Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
 
Thank
you again for your assistance in this matter.  Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
 
Sincerely,
Midland Credit Management, Inc.


















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

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.
[Please attach a copy of the agreement with your client that grants Midland [redacted] the authority to collect this alleged debt.Also, please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof debtor has a contractual obligation to pay debt collector.  Please attach a copy of any signed agreement debtor has made with debt collector, Proof  on documentation that this is my social security, Proof that this is my partial social any [redacted] could possess the last four digits that are typed on midland [redacted]'s letterhead, Was this debt assigned to debt collector or purchased? Amount paid if debt was purchased?Have any insurance claims been made by any [redacted]or regarding this account? Proof that an alleged account personally belonging to me and my full social security was purchased in the bulk of accounts purchased. ] 
Regards,
[redacted]

Please note that Midland Credit Management, Inc. (“Midland Credit”) requires additional time to obtain information regarding this matter.  Thank you for your understanding; Midland Credit anticipates providing your office with a complete...

response within 45 days from the date of this notification.

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]

November 22, 2017VIA E-MailRevdex.com of San DiegoRe: Consumer complaint of [redacted] E. [redacted]Revdex.com# [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 14, 2017.  Midland Credit is the servicer of the 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 was notified of a claim, 27-CV-15-16035, against a [redacted] that shows up on her Title search, and states she is not affiliated with that party.  On October 27, 2017, Midland Credit received an email from Ms. [redacted], but was unable to locate the referenced matter, and sent Ms. [redacted] a letter on October 31, 2017, requesting more information to assist her.  An additional email was received from Ms. [redacted] on November 6, 2017.  On November 21, 2017, a Midland Credit representative reached out to Ms. [redacted] about the matter.  The representative confirmed that her information is not connected to the account, and the last four digits of her social security number do not match the number in Midland Credit’s records.  Midland Credit’s business records indicate that judgment case no. [redacted] was not obtained against [redacted] E. [redacted].  A copy of Midland Credit’s wrong party judgment letter is also enclosed for Ms. [redacted]’s records.Please note that Midland Credit does not furnish judgment information to the consumer reporting agencies.  Judgments are a matter of public record.  Midland Credit encourages Ms. [redacted] to contact the credit reporting agencies and/or public records office in order to have any erroneous information removed from her public record.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.While I appreciate that Midland is...

removing the interest charges since they were charging far more than the allowable 6% interest under ** law, this is not enough. Midland's constant incorrect updating is unacceptable. In the last few weeks, they have once again reopened their listing that they had previously reported as closed and have repeatedly updated my [redacted] report showing them as a retail creditor. I have filed a CFPB complaint against Midland and [redacted] both because neither agency seems to want to take the blame for the incorrect listing. If they cannot report correct information, they should not be reporting at all. If this does not get corrected, I will pursue all legal options available to me to ensure that they are held accountable for their inability to report accurately.Regards,[redacted]

Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
November 10, 2015.  Midland Credit appreciates the opportunity to
answer your questions.
[redacted] writes
that she and...

her husband, [redacted], have previously received phone calls for
an individual that does not live with them, and were told by Midland Credit
that they would not be contacted about the matter any further.  [redacted] further writes that she recently
received a letter from Midland Credit addressed to her husband’s name, but has
not had any dealings with the creditor listed, or Midland Credit.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer with the same name as [redacted].  During a search for the correct consumer, the
[redacted] phone number and address were 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. 
The[redacted] phone number has previously been marked “Do Not Call” in Midland
Credit’s computer system for the referenced account, and [redacted] address  has been marked “Do Not Mail.”  [redacted] will no longer receive calls or
correspondence from Midland Credit representatives regarding the referenced
account.  Additionally, the [redacted] phone
number, [redacted] has been added to an exclusion list to prevent it 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]

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.The information Midland is providing now comes too little too late..  Midland has already violated Texas consumer protection laws.  My request for validation was triggered shortly after I discovered the account on my credit report..  At this point, Midland has clearly violated state and federal consumer protection laws.  They never responded to my validation request and there is no evidence they did.  I am, however, respectfully requesting that Midland will do the right thing and delete the item from my credit report.  I am making every effort to resolve this matter without presenting my case before a jury in a courtroom in my community.  Regards,[redacted]

Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 9, 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 May 30, 2012.  Information provided by the seller, [redacted] at the time of acquisition indicates this account originated with [redacted] on January 2, 2007, 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 June 30, 2010.  The balance at the time of purchase was $6,285.05.
[redacted] expresses concern that Midland Credit is incorrectly reporting an account on her credit report – namely that the amount is incorrect, and that it is appearing as ‘past due’ and as an installment account.  Please note that Midland Credit does not provide consumer credit but, rather, is engaged solely in the collection of charged-off debt.  As such, Midland Credit does not report accounts as installment accounts or as past due. 
Depending on the current condition of a given account, Midland Credit will furnish an 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.”  Midland Credit’s business records indicate that the account information it is furnishing to the three major credit reporting agencies is accurate.
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.  As a debt buyer, Midland Funding has been advised that it should furnish information for its accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. 
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use.  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.
[redacted] also writes that the account is appearing on her credit report with a higher amount than what was charged off, but that Midland Credit has not provided evidence of why the amount is higher.  The account was purchased from the seller with all rights, and interest charged by the original creditor is allowable by law.  Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased.  This information would also normally be included in the paperwork the consumer receives when the account is initially opened.  Currently, the balance due is $7,437.71, which is the charge-off balance of $6,285.05 and $1,152.66 in interest accrued at 12.00%.  Please note that Midland Credit made the business decision to stop accruing additional interest on the account in December 2014.
On June 15, 2012, Midland Credit mailed [redacted] a validation letter.  Please note that the letter was mailed to [redacted] via the United States Postal Service.  The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”).  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 February 8, 2013.
In response to [redacted]’s request, verification information provided by the seller was mailed to her on or about February 18, 2013.  The verification information was also provided to [redacted] in the response to her CFPB complaint on March 10, 2016.  Copies of these documents are enclosed.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance.  In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist him/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 have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
When I talked to their agent he gave me the address that they had sent all their letters to and it was the wrong address and until I gave them the correct address they could not of sent me any letters.
Regards [redacted]

Dear Ms. [redacted]: Thank you for your letter inquiry regarding Mr. [redacted]’ complaint,
which Midland Credit Management, Inc. (“Midland...

Credit”) received May
12, 2017.  Midland Credit appreciates the
opportunity to answer your questions. A review of Midland Credit’s business records
indicates that Mr. [redacted] has retained an attorney. Midland Credit has no
record of his attorney’s contact information. Please have Mr. [redacted] provide his
attorney’s information, if applicable, so that we may contact him/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 June 20, 2014.  Information
provided by the seller, [redacted]II, LLC, at the time of acquisition
indicates this account was originated on March 3, 2013 as a [redacted]
N.A. [redacted] account number ending in [redacted], in the name of Andrew [redacted], under
the last four of the social security number [redacted].  Subsequently, the account was charged-off as
an unpaid delinquent-debt on May 9, 2014. 
The balance at the time of purchase was $729.00.  Final payment on the account was received by
Midland Credit on May 13, 2017.  Mr.
[redacted] has no further financial obligation for this account.   Mr. [redacted] expresses a
concern that Midland Credit is attempting to collect a debt which he does not
owe and has also obtained a judgment against him though
he has never been to court.  A review of
Midland Credit’s business records indicates that on July 12, 2015, this account
was placed with Midland Credit’s Internal Legal Department (“Internal Legal
Department”).  The Internal Legal
Department’s business records indicate that an initial notice was mailed to Mr.
[redacted] on July 14, 2015.  When a solution
was not reached, suit was filed on August 12, 2015, Mr. [redacted] was served on
October 5, 2015, and a judgment was subsequently issued on November 5, 2015, a
copy of which is enclosed for Mr. [redacted]’ records.  Additionally, the Internal Legal Department
advised that no disputes were received from Mr. [redacted] regarding the account. Mr. [redacted] requests proof
that he owes the debt and wants the account and judgment removed from his
credit report.  A copy of the
verification information provided by the seller is enclosed for Mr. [redacted]’
records.  With that said, subsequent to
filing the complaint through your office, the Internal Legal Department has
advised that Mr. [redacted] called and resolved the balance of the above-referenced
account in full.  The Internal Legal Department
further advised that a satisfaction of judgment will be sent to the court.   Per Midland Credit’s
policy, the three major credit reporting agencies have been notified to remove
the collection tradeline.  Mr. [redacted]
continues to have no further financial obligation for this account.  A copy of the request which was sent to the
credit reporting agencies is enclosed for Mr. [redacted]’s records.  Please note, however, that judgments are not
reported by Midland Funding, LLC. 
Instead judgments are reported by the credit reporting agencies as a
matter of public record.  Mr. [redacted] is
encouraged to communicate directly with the credit bureaus or the public
records office should he have any further concerns about how a judgment is
being reported.  Given Mr. [redacted]’ concerns, the above-referenced account has been
marked “Cease and Desist.”  Mr. [redacted]
will no longer receive correspondence or calls from Midland Credit
representatives unless a response is required by law. Please assure Mr. [redacted] that Midland Credit is a reputable firm, and
that it is a member of the Revdex.com of San Diego in good
standing.  With numerous scams noted in
the media, it can be confusing for a consumer to discern which companies are
operating within the law. Midland Credit considers consumer complaints a serious matter and fully
respects consumers’ rights.  Midland
Credit apologizes for the inconvenience caused to Mr. [redacted]. Thank you again for your assistance in this matter.  Please contact
Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted]
should you have any further questions. Sincerely, Midland Credit Management, Inc. [redacted],Division Manager, Consumer Support Services[redacted]
 
Enclosure

Dear [redacted]:
Thank you for your follow-up letter inquiry regarding [redacted] 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 March 30, 2016.  Additionally, [redacted] spouse emailed Midland Credit directly with the same concerns as included in the follow-up letter inquiry through your office.  A direct email response was provided to [redacted].  A synopsis of that response is provided to your office below as it addresses the concerns in this matter.
[redacted] questioned why he received a 1099-Misc for the full amount of the settlement, rather than for only the portion for which he received a check payment.  He also expressed a concern that Midland Credit reached out to his attorney instead of directly to him. 
The 1099-Misc was issued to [redacted] as a result of the settlement of his legal claims against Midland Credit.  Two claims were settled, totaling $13,000.00.  Based on an agreement between [redacted] and his attorney, Midland Credit split the funds of that settlement and sent $5,000.00 to [redacted], and $8,000.00 to his attorney.  However, because the settlement was with [redacted], and not his attorney, the entire amount had to be reflected in a 1099-Misc to [redacted].  Due to an internal error, [redacted] was sent two 1099s totaling $13,000.00 rather than a single 1099 for the same amount.  Midland Credit apologized for any inconvenience this oversight may have caused.  However, the ultimate amount of the 1099s [redacted] received appears correct.
Regarding the attorney contact concern, as a debt collector, Midland Credit is under very strict rules about when and how it can contact its consumers.  Once a consumer or their attorney notifies Midland Credit that they are represented, it is not able to communicate with anyone other than the attorney without a written release.  Although [redacted] claims against Midland Credit had settled, it was not informed by [redacted] attorney that the representation had ceased.  Therefore, [redacted] accounts remained coded in Midland Credit’s system as though he was still a represented consumer.  Midland Credit apologized for the inconvenience that this caused, and understands it made this process somewhat frustrating.  However until Midland Credit was explicitly notified that [redacted] was no longer being represented by his attorney, it was not able to discuss the matter directly with him.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights.  Thank you again for your assistance in this matter.  Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
 
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I disagree with Midland Credit Management response because I was first contacted by Midland in 2011. See attached letter requesting validation from MCM and signed receipt document by MCM, [redacted] dated 7/11/2011 noting they received my letter for validation in 2011. I contacted Midland in 2011 via certified letter (attached) requesting validation within 30 days of being contacted by them.  They received the certified letter because I got the green card back (see attached) but never received validation from them.  In accordance with my rights under the Fair Debt Collection Practices Act , Section 809(b), I have  formally requested that Midland provide me proof that I owe this debt and they own this debt and are legally licensed to collect this debt in 2011.           They have continued to ignore my requests. I made several attempts and follow up requests via certified letter to get Midland to verify said debt in a timely manner.  They now in turn state to you that they never received my certified letter within 30 days, I disagree because I have signed documents (attached) from them stating otherwise. They are in violation of my rights and continue to illegally collect and report on this debt and if they do not remove from my credit file I will file a lawsuit.Thank you for taking the time to review my case and to help me with this matter of dealing with Midland Credit Management. To date, Midland has a poor track record in regards to its collection tactics which have resulted in fines from the United States Government and from individual states as well. As of this year Midland has had to pay close to one million dollars in fines and penalties due to their unlawful business procedures which violate the consumer's rights. Their illegal actions have caused thousands upon thousands of consumer's credit files to be tainted with negative remarks which includes myself.In order to resolve my complaint, please have Midland Credit Management removed from my credit file so that I can restore my credit and good name back where it once was. I thank you again and look forward to having Midland being removed from my credit file.
Regards,
[redacted]
Attachment: 1st request for validation dated July 2011 with signed green card from MCM dated July 2011