Midland responded to my CFPB complaint with a bunch of nonsense

[onwithlifeNY]

Midland FInancial is attempting to collect a debt from me that I really truly believe is not mine or is a mixup. This is an old tmobile account from many years ago, which as I understood it was no more then $200.00 (even with Tmobile's fees). Midland is collecting for $900.00. I sent a valdiation letter to them stating I disputed the item and they wrote back essentially with a lcover letter stating that they are collecting for this $900.00 then an attached list of fees, etc with a grand total that was $700.00. THe phone number that was associated with me on this list was never a number that I had with Tmobile.

 

After hitting brick walls with Midland, I filed a complaint with the CFPB and attached all documentation and stated that the amounts that they are reporting, collecting for, and totalling up are three different amounts. It was like Midland completely ignored my complaint. This was their response:

 

So basically they can just ignore your documentation and the original complaint? Because none of this addresses my complaint! Im not sure how to respond to re dispute this.

 

Also their attorney who responded is not admitted in my state. Does that make a difference?!?

 

Response
Ms. ________, you express a concern that your validation requests have been ignored. [NOTE I NEVER SAID MY REQUESTS WERE IGNORED. I ATTACHED THEIR RESPONSE TO COMPLAINT I FILED STATING THAT THE AMOUNTS WERE INACCURATE] A review of Midland Credit's business records indicates that shortly after Midland Funding acquired the above-referenced account, on June 13, 2012, Midland Credit mailed you a validation letter, which informed you that Midland Funding had acquired the account, and informed you of your rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) ("FDCPA"). Please note that the letter was mailed to you via the United States Postal Service, and was not returned as "undeliverable" - satisfying the requirements set forth within the FDCPA.

Midland Credit's business records indicate that it did not receive any correspondence disputing the debt or requesting validation from you in response to the letter. A review of Midland Credit's business records indicate that it received the first correspondence requesting validation from you on November 20, 2013, which cannot be considered timely. [MY INITIAL LETTER WHICH THEY RESPONDED TO WAS ATTACHED TO THE COMPLAINT CLEARLY STATES I DISPUTE THIS DEBT IN ITS ENTIRETY]

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 you and collect the debt.

Although the received correspondence of November 20, 2013 was not timely, verification information provided by the seller was mailed to you in response to your dispute on November 25, 2013. A copy of the verification information provided by the seller and previously mailed to you 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).

Ms. _________, you also express a concern that the phone number indicated on the verification information was never yours. Midland Credit stands ready to assist you in clearing your record if you have been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that you provide it with a copy of either a police report or affidavit of fraud showing that you 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, you should complete the form and have the form notarized. You may forward appropriate documentation to Consumer Support Services at the address on this letterhead.

Unless and until such documentation is received, based on the information provided by the seller, Midland Credit respectfully must conclude that the debt remains valid. A review of Midland Credit's business records indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies as required.

If you are ready to settle this debt, you may qualify for a reduction in your account balance. Please call a Midland Credit account manager at (800) 825-8131 to help settle this account balance. Please see Midland Credit's comprehensive response, which is attached, for further details.

Edited December 18, 2013 by onwithlifeNY

[ICANHASMUNY?]

Midland Std BS form letter.

 

Send a FACTA letter to T- Mobile

 

they have to verify whether it was in fact your account, and if they have sold an account that was the result of ID theft, they have to recall if from Midland funding.

 

once you have verification from T Mobile that the phone # and Account was never yours,

 

send thru a ITS letter to Midland Funding for Failure to perform a reasonable reinvestigation.

 

http://creditboards.com/forums/index.php?showtopic=510029

[funkiehouse]

A review of Midland Credit's business records indicates that shortly after Midland Funding acquired the above-referenced account, on June 13, 2012,

 

Good old Midland. You need to find out whether acquired means purchased or assigned.

 

How many times did you DV them before your did a CFPB complaint?

 

Can you post the fee list they sent you?

 

I think the last line is key.. In my book "qualify for a reduction in your account balance" = we don't have any records. If they did why wouldn't they demand the full amount?

 

Do I have the timeline correct:

 

Midland received account June 2012

First DV sent: Nov 20, 2013

Midland replied: Nov 25, 2013

CFPB sent: ?

[funkiehouse]

Midland Std BS form letter.

 

Send a FACTA letter to T- Mobile

 

they have to verify whether it was in fact your account, and if they have sold an account that was the result of ID theft, they have to recall if from Midland funding.

 

once you have verification from T Mobile that the phone # and Account was never yours,

 

send thru a ITS letter to Midland Funding for Failure to perform a reasonable reinvestigation.

 

http://creditboards.com/forums/index.php?showtopic=510029

 

Yeah, it sounds like the standard BS Midland letter to me too. I would state in your reply to the CFPB that since Midland can't provide documentation to prove this account is yours then you will request those records from T-Mobile pursuant to the Fair and Accurate Credit Transaction Act as ICANHASMUNY recommended. Midland gives a pooh about helping you with fraud.

[ICANHASMUNY?]

 

Midland Std BS form letter.

 

Send a FACTA letter to T- Mobile

 

they have to verify whether it was in fact your account, and if they have sold an account that was the result of ID theft, they have to recall if from Midland funding.

 

once you have verification from T Mobile that the phone # and Account was never yours,

 

send thru a ITS letter to Midland Funding for Failure to perform a reasonable reinvestigation.

 

http://creditboards.com/forums/index.php?showtopic=510029

 

Yeah, it sounds like the standard BS Midland letter to me too. I would state in your reply to the CFPB that since Midland can't provide documentation to prove this account is yours then you will request those records from T-Mobile pursuant to the Fair and Accurate Credit Transaction Act as ICANHASMUNY recommended. Midland gives a pooh about helping you with fraud.

 

 

 

No, Just that Midland isn't going to admit to the CFPB that they just post debts to anybody's reports who has the same name.

 

JDB's report the wrong consumer all the time, send letters out to the wrong consumer, and file suits against the wrong consumer.

 

they don't care about anything other than being paid.