Midland response to CFPB

[kaylord]

How should i response to Midland cfpb response i never received anything from them. Pulled my report and notice a collection from them. I sent them a dv last week.

 

In your most recent submission through the CFPB, you write that you contacted the original creditor who stated it has no records or documents that the account charged off. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by you, the representative of the original credit provider may not have had access to the pertinent account information.

 

You also request that Midland Credit either provide statements or a signed contract, or remove its tradeline from your consumer credit files. As stated in its previous response, Midland Credit mailed its initial validation letter to you on January 17, 2012 and did not receive any correspondence requesting validation from you prior to your initial CFPB submission. The FDCPA states that unless a consumer provides a debt collector with notice of 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). Midland Credit did not receive such a notice within the period established by the FDCPA and has appropriately proceeded with efforts to contact you and collect the debt.

 

If you are ready to settle the above-referenced debt, you may qualify for a reduction in your account balance. Please call Midland Credit Account Manager Denise to assist you in reaching a resolution that will be both beneficial to you, as well as settle the account balance. Please see Midland Credit's comprehensive response letter, which is attached for additional information.

[TheDrewbert]

SoL?

Ask them for the CMRR for the letter they sent

[kaylord]

Sol expired last month

[TheDrewbert]

Sucks to be them.

[ICANHASMUNY?]

they had to send the DV to your current address - if you've never received it, reply like this;

 

 

 

 

I have never received any letters or other contacts from Midland funding or their agents on this account; Midland has access to my credit reports, and therefore, access to my current address

 

"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);

[kaylord]

So should i send a second dv with the above reply?

[ICANHASMUNY?]

oh, was this a written reply not thru the CFPB website?

 

how old is your debt,

 

who was the OC and

 

what state are you in?

 

they should have told you that it was SOL, and not offered a settlement, LOL.

 

http://creditboards.com/forums/index.php?showtopic=500863

 

what sort of DV did you send?

[kaylord]

The reply was through cfpb.

 

The debt is over 5 years old.

 

The original creditor was HSBC whom magically disappeared from my EX and Eq reports last week.

 

I sent a dv stating i pulled my credit and notice a collection from your company please provide validation

[ICANHASMUNY?]

send a response back thru the cfpb then,

 

I have never received any letters or other contacts from Midland funding or their agents on this account; Midland has access to my credit reports, and therefore, access to my current address

 

Systematically sending FDCPA notification and dunning letters to old invalid addresses so as to avoid the ramifications of consumer disputes should be a FDCPA violation . Hope you get audited by the CFPB soon.

 

"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);

[kaylord]

Thanks

[kaylord]

This was midland response to my first complaint. I never received any notice.

 

 

Mr. , you express a concern that your validation requests have been ignored. A review of Midland Credits business records indicates that shortly after Midland Funding acquired the above-referenced account, on January 17, 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.

[kaylord]

Also ijust sent the response. I received the following email

 

Thank you for reviewing the company's response to your complaint Weve noted that youve disputed the response and will now start an investigation. While we dont specifically advocate for your desired resolution, we do look at all the information provided by both sides to see if any consumer financial protection laws were potentially broken.

 

We will update the complaint database on our website to show that you disputed this complaint.

 

Will I hear from the CFPB again about my complaint?

Probably not. We occasionally have to reach out for more information to complete the investigation. As a result of our investigation, you may receive a more favorable response, though not usually. If you do not hear from us within 60 days, you can assume we have investigated and closed your complaint.

[ICANHASMUNY?]

Also ijust sent the response. I received the following email

 

Thank you for reviewing the company's response to your complaint Weve noted that youve disputed the response and will now start an investigation. While we dont specifically advocate for your desired resolution, we do look at all the information provided by both sides to see if any consumer financial protection laws were potentially broken.

 

We will update the complaint database on our website to show that you disputed this complaint.

 

Will I hear from the CFPB again about my complaint?

Probably not. We occasionally have to reach out for more information to complete the investigation. As a result of our investigation, you may receive a more favorable response, though not usually. If you do not hear from us within 60 days, you can assume we have investigated and closed your complaint.

 

that's why I had you throw that little tidbit in .

 

Systematically sending FDCPA notification and dunning letters to old invalid addresses so as to avoid the ramifications of consumer disputes should be a FDCPA violation . Hope you get audited by the CFPB soon.

[kaylord]

Just spoke to MMidland and the account manager cconfirmed that they sent the dunning notice to the wrong apt # back in 2012 .

[raduque]

If you're 100% sure it's out of SoL, I'd simply send them a FOAD letter. From what I've read on here, Midland doesn't delete for any reason, so you're going to be stuck with them for another 2 or 3 years. Might as well tell them to pound sand with nothing for their efforts.

[kaylord]

Ok thanks

[goturtlego]

So if an account is past SOL all correspondence from JDB should have the disclaimer at the bottom? I've got a recent/new JDB that has purhcased an account that doesn't state this.

 

I was looking back and I have some that say the schpeal and some that don't (all were DOFD within a month of eachother..so relatively the same time. 2009 and I'm in Florida).

Edited August 5, 2014 by goturtlego

[kaylord]

Not sure but i didn't received anything from Midland so ymmv

Edited August 5, 2014 by kaylord

[kaylord]

Thanks for the help. Midland finally gave up

 

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 will be notified to delete all reference to the account in question from your consumer credit files. Please see Midland Credit's comprehensive response letter, which is attached for additional information.

[KingHeart]

Good Deal Congrats!!!!!!!!!!!!!!!!

[kaylord]

Thanks midland was my last collection on experian

[ICANHASMUNY?]

it's always a " good Business Decision "

 

 

 

when the consumer starts quote FDCPA violations

[kaylord]

it's always a " good Business Decision " when the consumer starts quote FDCPA violations

thanks ICANHASMUNY Yeah I provided documents such my apartment lease and driver license from 2012 showing the correct apartment number along with

 

I have never received any letters or other contacts from Midland funding or their agents on this account; Midland has access to my credit reports, and therefore, access to my current address

Systematically sending FDCPA notification and dunning letters to old invalid addresses so as to avoid the ramifications of consumer disputes should be a FDCPA violation . Hope you get audited by the CFPB soon.

"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);

[mizliz1011]

ICAN, you rock. I got rid of three midland accounts by VofD, written from a new address... they are starting to realize that it is not good policy.

 

they had one statement on one account. No contracts, no charges, just a final statement. They folded.

 

Fortunately it was several years ago.

 

my question is, if you 611 and it is 're-investigated" and then you 623 the OC and they claim to have NO RECORDS, even archived, how can they possibly 'reinvestigate". I found some old statements and they def. did not re-investigate because one contract is with another CC co that they bought and the DoFD is wrong on two of them.

 

How do I follow up and call their bluff without being obnoxious. What sort of wording would you use. I called twice and got exactly the same info from two CRA's after going up to manager level and asking for archived documents that were reinvestigated. I gave them plenty of rope and they just hung themselves. Do you have such a letter? It seems that an OC can report anything with no records if they sold it. That somehow doesn't feel right.

 

Hope someone else here can use this information... it might be the OP's way to deal with the OC as well. Midland folded but not the OC's for me.

[ICANHASMUNY?]

Yeah Yeah, when a consumer calls up they "don't have any records"

 

but somehow when you're sued in court, the JDB can subpoena the OC and get documents, billing statements and signed affidavits by an officer of the OC .

 

it's pure BS.

 

you send a letter to the OC asking for documents. - if they reply in writing that they don't have any records, keep that letter as a rebuttal against any documents provided in court by a JDB.

 

check the sample letter forum - I don't have that many " sample letters" it's always best to write one specifically to your situation , rather than use form letters.

 

much more effective in disputes, since the CA/JDB thinks you might have a lawyer in the family.