My War Against Midland!

[CantCU]

Let me give you a time line of what has happened so far.

In January, I disputed online with the CRA's an old TL with Midland Credit Management, which of course, came back verified. TL has shown "disputed" since January.

1/31/07: letter from Midland saying that they were "attempting to verify, and to send them any documents I had, blah, blah", which I did not send. Waited approximately 45 days to see if they sent anything. They didn't.

3/16/07: sent DV letter via fax and CMRRR. (after I found this board). At the same time, I sent letters to EQ and TU saying they could not verify/validate and that the TL should be deleted. EQ came back "verified". TU came back "frivilous".

4/11/07: Called EQ and requested reinvestigation, giving them information on the case as to why it should be deleted (DOLA, DOFD, etc all wrong). One day later, it was verified again. I did not follow up with TU at that point as they were already deeming it frivilous.

4/18/07: Follow up letter to Midland sent saying you cannot validate, you have 5 days to correct the errors to the CRA's or delete. I also wrote TU and EQ the same day attaching copies of my letters to Midland.

Based on my alerts through TC, EQ reports the following occurred:

3/23/07: NEW ACCOUNT A new account has appeared on your credit report. This is the point in which Midland changed the debt from a collection account to an Installment account.

4/11/07: TL deleted after call to EQ.

4/13/07: Account information (I saw no changes in the information but the TL was reinserted. No notice from EQ of the reinsertion.

4/21/07: Account information, again see no changes in the credit report.

Compare the dates with the dates on the "alerts" to EQ.

Today is day 5 of the 5 business days since they signed for the CMRRR. I told them if they didn't I was going to report them to the BBB, and the AG's. Any help on the verbage of these complaints would be GREATLY appreciated.

[dallas01]

Thats funny!

I was wondering why I lost 17 points on my credit score when I updated TC this weekend.

It seems I disputed this account 30 days ago with all 3 CRA's. They all reported this account as verified.

Now they changed the account to a installment account and I lost points.

I looked at my ex report and it now states under review per Fair Trade. What does that mean? Its also showing no balance now.

Is it legal for them to move a collection to a installment account?

[CantCU]

I don't know if it is legal or not to move a collections to an installment account...but I am about to find out.

This $162 debt they claim I owe just got reported to the BBB and the FTC. I'm going to also report to the AG's office as soon as they open and I can find out if the proper complaint office is the AG, consumer affairs, or the CA board in my state (or all 3).

Found another alert this morning on TC...Midland's reported AGAIN! Can't pull my report for another 15 minutes...ARG!

[CantCU]

Well, I got another alert from TU again this morning and Midland has reported yet again, probably in conjunction to my complaint to the BBB. In today's mail, I also received a settlement offer of 25% from Midland, despite my C & D wording in my DV letter. I'm going to have to look at it a bit closer but I did not see any mini-miranda on the letter, either. Can we say cha-ching? That's 2 settlement letters after the C & D. I discounted one as I figured they could have crossed in the mail, but this one is a blatent violation.

Gotta go find those nutcase letters. Even though it's still inside the SOL, I'm over it. I'll update.......

[MadinKS]

I don't know if it is legal or not to move a collections to an installment account

Yes it's illegal. It is a false or misleading representation of the debt. FDCPA violation #1.

I'm sure if you look at the hard copies of your CRs, they are violating more than that.

Is the account listed as a factored debt? Violation#2

Is the account type: open? Violation#3

In the comments, does it say they are a factoring company? Violation#4

In the comments does it say 120+days late? Violation #5

In today's mail, I also received a settlement offer of 25% from Midland, despite my C & D wording in my DV letter.

FDCPA violation #6

If you let them have enough rope they will hang themselves.

[CantCU]

If you let them have enough rope they will hang themselves.

Yeah, they have done all of the above. So, even if you DV late with a C & D, they cannot continue collection activity? Am I correct?

[MadinKS]

Yeah, they have done all of the above. So, even if you DV late with a C & D, they cannot continue collection activity? Am I correct?

If you wrote them a C & D, I'm not sure you could prove that the letter didn't cross in the mail with yours. How long ago did you C & D?

[stancil1]

They can't continue collection activity (ie.verify with CRAs etc) until they properly validate the debt for you. The other side of the picture is this. It appears that your working the CRA really hard when you should be spending all of your efforts on the CA. Have you requested, in writting, MOVs form the CRA's ? I worked MCM really hard after they sent me what I considered deficient information. The following is the letter I sent them by way of CMRRR.

MIDLAND CREDIT MANAGEMENT

8875 AERO DR 200

SAN DIEGO , CA 92123

Date: 04/19/2007

Re: Acct # XXXXXXXXX

Dear Midland Credit Management,

As I have not heard back from you in over 30 days regarding my demand for proof, dated March 15, 2007, and you have not supplied me with the bona fide, demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, in fact exists.

On January 8th 2007, Midland Credit Management received a demand for validation from me and you never responded.

On February 21st 2007, I sent a second demand for validation, this time certified mail, return receipt requested of which you (L.Parker of Midland Credit Management) did indeed receive.

On March 09, 2007, I received via U.S. Postal Service, a document from Midland Credit Management that appeared to be a photocopy of an old bill. This is not proper debt validation and you know it. The photocopy you sent has the name “XXXX XXXXXl” on it (my name is “XXXXXX XXXXXX”, no aliases). I have never lived at the address shown on the document nor am I familiar with it, nor do I have any knowledge of the account number on the document that you sent. The document itself does not show authorization of law for your collection of this alleged debt. This is obviously an illegal attempt to circumvent both federal and state law.

On March 15, 2007, I sent Midland Credit Management a third demand for validation, advising that your first attempt was deficient.

On April 16, 2007, I have noticed and received documentation from the credit reporting agency that Midland Credit Management has now added 2 entries with the same credit reporting agency, both showing as Open Trade Lines for this alleged account, both showing 120 days late, both verified by you as accurate. This is blatant, willful non-compliance of the FDCPA, FCRA and TDCA, the proof being that the alleged account is obviously time barred (June 13, 2002. SOL in Texas is 4 yrs. I got the DOFD off of the photocopy you sent) yet you are reporting the alleged debt as 120 days late and you have verified its accuracy with the credit reporting agencies twice while in dispute, not to mention the fact that it is being reported and verified by you differently with the other credit reporting agencies. Congratulations, I now have all the prima facie evidence I need to support my claims. Rest assured that my records are impeccable.

The FDCPA as well as the TDCA states that you must cease collection activity until you have produced verification of the alleged debt, if so requested, which you have failed to do. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally on 02/23/2007 and again on 03/27/2007. It is quite evident that no such proof of this alleged debt exists or you would have provided it in the previous 3 months when it was requested, in order to avoid any unnecessary embarrassment.

For the record, I state again that I have no account with you, nor am I your customer, nor have I entered into a contract with you.

Your continued silence is unacceptable. Remove your entries from my credit files with the three primary credit-reporting agencies.

As I have shown, you are currently in violation of the FCRA, the FDCPA and the TDCA.

Failure to respond within 5 days of receipt of this faxed letter will begin my small claims action against your company. I will be seeking $5,000 in damages for the following:

1) Defamation

2) Negligent Enablement of Identity Fraud

3) Willful violations of the Fair Credit Reporting Act

4) Willful violations of the Texas Debt Collection Act

5) Willful violations of the Fair Debt Collection Practices Act

After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriff’s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

Sincerely

D

Click here to see their response. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266998

[CantCU]

If you wrote them a C & D, I'm not sure you could prove that the letter didn't cross in the mail with yours. How long ago did you C & D?

MadinKS, the first "settlement offer" I ignored as I had just sent them the C & D. The second one (received yesterday) was dated 4/26/07. My C & D was dated 3/21/07 so that is definitely a violation.

[CantCU]

They can't continue collection activity (ie.verify with CRAs etc) until they properly validate the debt for you. The other side of the picture is this. It appears that your working the CRA really hard when you should be spending all of your efforts on the CA. Have you requested, in writting, MOVs form the CRA's ?

Stancil1,

I've been pushing both Midland and the CRA's. What I started with was a letter from Midland saying they "were attempting to verify, and needed more information...asking me to send it, blah, blah, blah. I didn't. I took their letter and replied to them, you've had 45 days to validate...send me your stuff or leave me alone. At the same time, I forwarded their letter to the CRA's and said "how can they verify to you when they can't verify it to me". TU said frivilous, and EQ said "verified". My next step was to write DV letter #2 to Midland, and letters to the CRA's for MOV. EQ ignored my request but sent me another report saying again verified. TU replied that I should contact the furnisher of the information, yada, yada. (do they have any response other than form letters?

Anyway, I've tried to follow the DV flowchart.

In the meantime, I've reported Midland to the BBB and the FTC. Both have acknowledged my complaints. Midland reported to EQ again the day after I did the BBB complaint. Their reporting to EQ is within days of each step I take (either disputing with the CRA, writing them, and now the BBB complaint). They are reporting it as disputed but not with the correct information.

I like you letter, and plan to use something similar to write them back about their latest settlement "offer" and tell them where to put it!

They've reported a total of 5 times since 3/25/07. Same stuff, except changing it to installment in April and reporting it 120 days late.

[MadinKS]

It's obvious that they are poisoning your CR and your detailed papertrail w/provide all the proof you need to pin these SOBS to wall by their Ba!!s. Just changing the type to installment and changing the status to late is 2 FDCPA violations. Get after 'em. Have you sent a complaint to the AG? If not, do it.

[CantCU]

Well, I have an update on this.

I got a letter in the mail today from the BBB requesting that I sign an authorization to release information. according to the letter it says, in part:

Certain laws require FINANCIAL INSTITUTIONS to keep confidential all nonpublic information about their customers. Accordingly, to assist you in resolving your complaint, we need your written authorization and signature below.

It goes on to say that I authorize Midland to provide this information. It also says that the BBB may redisclose this information. Well, he!! NO!

Well, first of all, Midland is NOT a "financial institution" they are a freaking collection agency as is well indicated on the BBB's website. Second, I am not one of their customers, and third, they don't need my signature on anything...Midland is supposedly a member of the BBB.

I think I will call them on Monday. Anyone ever run into this authorization to release information? How did you handle it?

[merkurfan]

I never have. I'd added to my toliet paper reserve pile though.