dallas01 Posted May 5, 2007 Report Share Posted May 5, 2007 Is it legal for them to keep reporting my credit different? Yesterday it was reported as a derog.Today its reported as a Open and I got hit with a delinquent.It seems they're manipulating the system to keep hurting credit scores. This account is from 2002 for 166.00 Link to comment Share on other sites More sharing options...
nascar Posted May 5, 2007 Report Share Posted May 5, 2007 It sure looks like they are intentionally trying to damage your score. Has Midland actively been attempting to collect on the account? Link to comment Share on other sites More sharing options...
dallas01 Posted May 5, 2007 Author Report Share Posted May 5, 2007 No, I'd never heard from them before getting my CR 1 1/2 months ago. I disputed with the cra and it came back verified.Its a old sbc bill from 2002. I suspect it was my brother using my name. I called them and the only info he gave me was a #. The area code was off by one number from mine. They gave me a NJ area code. I live in Tx.It just doens't seem fair that ca can continue to do stuff to hurt your report. 1 time should be good enough. They almost make me want to call and pay the damn bill. Link to comment Share on other sites More sharing options...
nascar Posted May 5, 2007 Report Share Posted May 5, 2007 They almost make me want to call and pay the damn bill.That's what they are hoping for. Link to comment Share on other sites More sharing options...
cjtx Posted May 5, 2007 Report Share Posted May 5, 2007 small claims court is your best bet. go get Midland for every FCRA and FDCPA violation. It will be cheaper than the $166 they want from you. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted May 6, 2007 Report Share Posted May 6, 2007 small claims court is your best bet. go get Midland for every FCRA and FDCPA violation. It will be cheaper than the $166 they want from you.Make sure you are prepared to be "removed from small claims" to general district just in case. I took a CA to small claims after not responding to DV for 90 days, continued reporting, and many other violations over a debt that totaled $33 bucks. The CA was in AZ and I am in VA and they actually hired an attorney rather than just validating or removing. They never even tried to counter suit me, it was all about defending themselves. In the long run, I still won but it was quite a run since I wasn't fully prepared for anything other than small claims. Another word of advise, make sure you have disputed with the CRA's. Link to comment Share on other sites More sharing options...
cjtx Posted May 6, 2007 Report Share Posted May 6, 2007 Make sure you are prepared to be "removed from small claims" to general district just in case. Absolutely... they may even take it to federal court, but for small amounts bjs4200's case is the exception and not the rule. Link to comment Share on other sites More sharing options...
CantCU Posted May 7, 2007 Report Share Posted May 7, 2007 Yes, Midland will continue to re-report. If you dispute with the CRA's, they re-report. If you send them a letter, they re-report. If you ask the CRA to reinvestigate, they re-report.I've had them go from Collections to Installment. From open to closed, 120 days past due. They've done it all, and change it whenever I send another letter. Link to comment Share on other sites More sharing options...
direred Posted May 7, 2007 Report Share Posted May 7, 2007 If you file in small claims against them, they will fold (if the debt's old and/or small). Link to comment Share on other sites More sharing options...
dallas01 Posted May 7, 2007 Author Report Share Posted May 7, 2007 Thanks for all the help. I'll send them another DV letter and see what happens. Maybe I'll include the violations they've already committed and see what happens then. Link to comment Share on other sites More sharing options...
CantCU Posted May 7, 2007 Report Share Posted May 7, 2007 Thanks for all the help. I'll send them another DV letter and see what happens. Maybe I'll include the violations they've already committed and see what happens then.You might want to check out my post about Midland:http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266898Also, Stancil1's post about Midland:http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266998This should give you some ideas of what they can do to you and how you can deal with them. Link to comment Share on other sites More sharing options...
dallas01 Posted May 7, 2007 Author Report Share Posted May 7, 2007 OK, This is what I've got so far.1. Moving account from collections to installment.2. Going from derog. to open account.3. Reporting 120+ days late. This account is from 2002. I need to start researching my legal wording so I can come up with some sort of letter. I'm sure as you can tell from reading my post I'm not that great at writing. Link to comment Share on other sites More sharing options...
CantCU Posted May 8, 2007 Report Share Posted May 8, 2007 Here's what I faxed to Midland yesterday on my situation:Dear Scumbags:I want to thank you for your letter dated 4/26/07 offering to settle this matter.You have yet to provide the validation I requested via fax and certified mail on 3/21/07. Do you really expect me to pay you anything if you cannot support the amount you claim I owe?Since you were advised to cease and desist all contact with me except for validation of this debt, you are now in violation of the FDCPA. Furthermore, after being advised that I disputed this matter, you continued to report changes to the 3 credit bureaus, including, but not limited to changing the type of account (from collection to installment), reporting incorrect dates (such as the date of last payment), reporting it 120 days late: all FDCPA violations. Please note that I keep impeccable records.You are attempting to collect a time-barred debt as I have proof of my last payment.This matter can be easily resolved. My offer to settle is as follows:1) Delete the tradeline from all 3 credit reporting agencies, IMMEDIATELY.2) Close your file and make no further attempts to collect this debt.3) You will not attempt to barter, trade, assign or sell this time barred debt to any other party in the future.In return, I will agree not to sue you for FDCPA violations. Please respond to me IN WRITING within the next 5 days.If you will give me a few days, I'll let you know how they respond! Link to comment Share on other sites More sharing options...
dallas01 Posted May 8, 2007 Author Report Share Posted May 8, 2007 Yes please do. I'll hold off until I see how your case goes. Thanks! Link to comment Share on other sites More sharing options...
CantCU Posted May 8, 2007 Report Share Posted May 8, 2007 Yes please do. I'll hold off until I see how your case goes. Thanks!Well, Letter Writing 101 was not my best subject, but I think I got the point across. Link to comment Share on other sites More sharing options...
CantCU Posted May 15, 2007 Report Share Posted May 15, 2007 Well, I got my response. Midland is deleting from all 3 CRA's. See my signature...another one bites the dust! Link to comment Share on other sites More sharing options...
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