EX has deleted. This happened after I wrote a BBB complaint, but I'm not sure if it was the cause.
Midland has responded with the below long letter. What should I do?
Thank you for your letter inquiry dated Oct x, 2012, regarding LTFB's complaint,which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. 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 acc. on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on June xx, 2011. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time Midland Funding acquired the account indicates that this account was originated on Aug xx, 2006 as a T-Mobile cellular account number ending in xxx, in the name of LTFB, under the last four of the social security number xxxx. Subsequently, the account was charged-off as an unpaid delinquent-debt on Oct xx, 2008. The balance at the time of
purchase was $110.60
LTFB expresses a concern that her requests for validation have been ignored. While Midland Credit is sensitive to LTFB’s concern, and is committed to proactively working with her to address the issue, some confusion appears to exist regarding Midland Credit’s previous communications.
Shortly after Midland Funding acquired the above-referenced account, on July xx, 2011, Midland Credit mailed LTFB a validation letter. Please note that the letter was mailed to the same address listed within LTFB’s complaint via the United States Postal Service, and was not returned as “undeliverable” – thus satisfying the requirements set forth within the Fair Debt Collection Practices Act (hereinafter “FDCPA”).
In said letter, Midland Credit informed LTFB that Midland Funding had acquired the account, and 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 LTFB in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence from LTFB requesting validation on June 26, 2012, which under applicable law, 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 LTFB and collect the debt.
However, while LTFB’s request for validation was untimely, in keeping with its Consumer-First policy, and to provide the highest level of consumer satisfaction, on July xx, 2012, Midland Credit mailed LTFB a copy of the verification information provided by the seller. A copy 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. Chaudhry v.
Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
If LTFB is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have LTFB call a Midland Credit account manager at 800- 825-8131 to assist her in reaching a resolution that will be both beneficial, as well as settle the
With that said, Midland Credit has no intention, whatsoever, of pursuing the repayment of the above-referenced account from LTFB if the debt was not actually incurred by LTFB, and should not be her financial obligation. Thus, Midland Credit stands ready to assist LTFB 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 LTFB provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity.
Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, LTFB should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services (Attn: Melanie Bloom) at the address on this letterhead. LTFB should be advised that until Midland Credit receives such documentation or evidence proving the contrary, based on the information available to it, Midland Credit must respectfully conclude that it is accurately reporting the above-referenced account to the three major credit reporting agencies as required.
Midland Credit considers consumer complaints a serious matter. Please assure LTFB that as a member of the Better Business Bureau of San Diego in good standing, Midland Credit is a reputable firm that prides itself on the protection of consumer rights. Midland Credit strives to ensure that its representatives treat consumers with the highest level of courtesy and professionalism. Understanding that the resolution of past due consumer accounts can at times be stressful and difficult for consumers, it is the goal of Midland Credit to make that process as easy as possible for LTFB.
Thank you again for your assistance in this matter. Please contact Melanie Bloom in Consumer Support Services at the below-referenced phone number should you have any further questions.
Midland Credit Management, Inc.