Northern Lights Posted April 14, 2005 Report Share Posted April 14, 2005 I sent out a DV letter to Midland by certified mail and they failed to respond. I called to see why they failed to respond and make them aware of this problem before going on to the next step.I was advised by Midland over the telephone that they had sent out a letter to me in which I had thirty days to respond and failed to respond. They told me they don't have to do anything else.I never received a letter from Midland either in the mail or certified to respond. I am currently sending a second letter advising Midland to remove the collection listing or my next recourse will be to file a law suit.Do I have a leg to stand on relative this account since I never received the collection letter? Link to comment Share on other sites More sharing options...
miracle Posted April 14, 2005 Report Share Posted April 14, 2005 Midland is a pain. You may want to take a look in the debt validation forum.. there is lots of great advice over there Link to comment Share on other sites More sharing options...
Northern Lights Posted April 14, 2005 Author Report Share Posted April 14, 2005 Thanks Miracle:I already checked the forum out numerous times, and my whole point is that I did not receive the letter that Midland sent.I am following the procedures regarding debt validation, and since we have to send everything certified mail so that we can have a paper trail and know when creditors received are letters, I Believe creditors should have to do the same.Only time will tell with this second letter asking for removal, then I guess I'll try filling suit with them. The amount is less then 700.00 dolars so I don't think they will spend money to fight it. Link to comment Share on other sites More sharing options...
GreatGadsby Posted April 15, 2005 Report Share Posted April 15, 2005 I had Midland Credit Mgmt on my CR for an old household CC. I had already paid them b4 I found this board... when I disputed, they didn't verify and it was deleted. but they'll try to screw you on payments anyway... I agreed to make 4 monthly payment of $100, and then they would call and tell me that they had made a mistake and I still had one more payment left.... I think I ended up paying like $700. Link to comment Share on other sites More sharing options...
miracle Posted April 15, 2005 Report Share Posted April 15, 2005 Did they tell you how it was sent and to what address?If you never recieved the letter, you never recieved it. YOu still have the right to DV and they still have to take care of business. Link to comment Share on other sites More sharing options...
Northern Lights Posted April 15, 2005 Author Report Share Posted April 15, 2005 Midland said they sent the letter by regular mail to the address that was listed and then they ask if that was my correct address. I advised them at the time it was a three unit house with the same address but we had three seperate mailboxes and I never received the letter. So I sent out the letter again hoping for the best, and also ask the credit bureaus to re-investigate. Link to comment Share on other sites More sharing options...
dpgirl Posted April 16, 2005 Report Share Posted April 16, 2005 You still have the right to ask for validation after the initial 30 days, but if you request validation within the initial 30 days they must stop collection activity until they validate. After that do still need to validate but they may also continue to try to collect.I believe I had read in one of Tower Rats (?) posts that if the CA says they sent the letter out and they have the correct address at the time... that is enough to hold up in court. They don't have to prove you received it, just that they sent it out and sent it to the correct address. The mailbox situation you describe may have prevented you from getting the letter but that would not be the fault of the CA. Is this debt still within SOL? Also Midland is a junk debt buyer, are they listed as a factoring company on your credit report? That is a violation. Link to comment Share on other sites More sharing options...
Northern Lights Posted April 16, 2005 Author Report Share Posted April 16, 2005 dpgirl....Here is the rest of the scoop, Midland has this account listed for an old Providian account that was closed/sold/paid charge off: account closed by credit grantor(as listed on report) in 2000.Then my credit report has Midland with their date open as 2002, date of last payment 2002(no payment was ever made to them), and date of last activity as 2000. Clearly by reading this you can pick out the numerous inconsistencies and inaccurate reporting. SOL is 6 years in my stateI sent out my letter to the credit bureaus again with the new information and inaccurate reporting. Hopefully I will get some good news down the road. The other part of the story here is, no one ever bother me about this debt, never called, or tried to collect. Im just trying to get it off my report. Link to comment Share on other sites More sharing options...
Northern Lights Posted April 16, 2005 Author Report Share Posted April 16, 2005 dpgirl....P.S. Midland has it listed for Type of Loan: Factoring Company Account(I must of missed reading about the violation here, can u tell me why this is a violation if they have it listed as a Factoring Account?)Type account-Open?Current status -Charge Off Link to comment Share on other sites More sharing options...
Valkyrine Posted April 17, 2005 Report Share Posted April 17, 2005 I believe that a factoring company buys debts that are current; Midland cannot be a factoring company if they purchased your debt after it was already delinquent, and they did, I'm sure . That is a misrepresentation of the debt, and a violation, if I am correct.They are also listed this way on my CRs. I DV's and disputed and have heard nothing from them.... disputes up in 7 days. Wish me luck. Link to comment Share on other sites More sharing options...
Northern Lights Posted April 17, 2005 Author Report Share Posted April 17, 2005 Valkyrine...Good luck and keep us abreast of the situation. I hope everything goes your way, because I am in the same boat. Link to comment Share on other sites More sharing options...
Valkyrine Posted April 21, 2005 Report Share Posted April 21, 2005 Experian results are in early.Midland did not respond to DV, and they did not verify. I'm Hopefully, they will fall off my other reports soon Link to comment Share on other sites More sharing options...
Valkyrine Posted April 21, 2005 Report Share Posted April 21, 2005 Northern Lights... you must be my good luck charm. I'm gonna have you wish me luck EVERY time I dispute a DV from now on Good luck to you... let us know what happens. Link to comment Share on other sites More sharing options...
Northern Lights Posted April 22, 2005 Author Report Share Posted April 22, 2005 Valkyrine: That's great news so far, here is to the lucky charm. Hopefully we can both find the end of the rainbow soon and find the pot of gold "A clean credit report"Good Luck with your other reports Link to comment Share on other sites More sharing options...
flythai834 Posted April 22, 2005 Report Share Posted April 22, 2005 i was just wondering, if they are reporting as a factoring company, (i noticed a couple of those on my cr, which are all charged off accounts), what can be done about it besides the dv route? Link to comment Share on other sites More sharing options...
twowheelrider Posted April 23, 2005 Report Share Posted April 23, 2005 I have a Midland TL also and the EQ TL field "Type of loan" shows "Factoring Company Account (debt purchaser)".I think the account was delinquent before they purchased the debt but the spouse said she was not sure. Is this a FCRA violation? If so, can I get the violation number? I believe I have them on one violation of the FCRA already and this would make two. I DV them last month (even though it was after the 30 day deadline for FDCPA) but the CRA's that came back do not show the TL in dispute which violates FCRA. Also, does anyone have a sample follow up letter to CA requesting validation? Thanks in advance Link to comment Share on other sites More sharing options...
Trying*Hard Posted April 24, 2005 Report Share Posted April 24, 2005 I was able to get Midland deleted by emailing dv letter tobrandon.black@encorecapitalgroup.com and Sandra.Ross@MCMCG.COM try it just may work for you too. Link to comment Share on other sites More sharing options...
Northern Lights Posted April 24, 2005 Author Report Share Posted April 24, 2005 My disputes are still in progress with credit bureaus but I received my credit report I requested from Equifax and to my surprise Midland is now on there twice. I have double vision now, Midland twice with same information and account number on my report since I DV them.Looks like double trouble for Midland now. Link to comment Share on other sites More sharing options...
Northern Lights Posted April 24, 2005 Author Report Share Posted April 24, 2005 READ ABOVE POST:I really dont know what is going on with Equifax. I know I have a current dispute in process so I checked www.investigate.equifax.com to dispute the two Midland accounts from the credit report i just received and low and behold it shows all my accounts except the two Midland Accounts but with a diffrent confirmation number.I guess I will have to wait until May 19th when my current dispute is over to see if they are really gone. Link to comment Share on other sites More sharing options...
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