After DV-Midland changes acct status CRA's

[justagirlinnc]

Old debt-1999 from Beneficial. Midland purchased in 8/06 and re-aged. They list date opened as N/A and a payment (that was never made) 12/2006. They also list date of last activity as 7/2003. Debt is out of SOL. I DV'd last month and got no response. I sent second DV follow up letter on Friday. Today I get a alert on my CRA.

Here is what my listing for Midland looked like on 5/20/07:

Account Number: 851960XXXX Current Status: COLLECTION ACCOUNT

Account Owner: Individual Account. High Credit: $5,289

Type of Account : Open Credit Limit: $0

Term Duration: Terms Frequency:

Date Opened: n/a Balance: $5,560

Date Reported: 05/2007 Amount Past Due: $5,560

Date of Last Payment: 12/2006 Actual Payment Amount: $0

Scheduled Payment Amount: $0 Date of Last Activity: 07/2003

Date Major Delinquency First Reported: 08/2006 Months Reviewed: n/a

Creditor Classification: Activity Description: Closed

Charge Off Amount: $0 Deferred Payment Start Date:

Balloon Payment Amount: $0 Balloon Payment Date:

Date Closed: Type of Loan: Factoring Company Account (debt purchaser)

Comments: Account closed by consumer,

Consumer disputes this account information

Here is what the alert says:

Company/Account Name: MIDLAND CREDIT MANAGEMENT

Company Address/Phone: 5775 Roscoe Ct, San Diego, CA 921231356

Account Number: 851960XXXX

Date Opened: N/A

Last Activity: 07/01/03

Type: Open Account

Rate/Status: At least 120 days or more than for payments past due

High Credit: $5,289

Terms: N/A

Balance: $5,560

Past Due: $5,560

Most Recent Date Reported: 05/01/07

Comments on Account: Consumer disputes - reinvestigation in process , Collection account

Here is what today's CRA says:

Account Number: 851960XXXX Current Status: COLLECTION ACCOUNT

Account Owner: Individual Account. High Credit: $5,289

Type of Account : Open Credit Limit: $0

Term Duration: Terms Frequency:

Date Opened: n/a Balance: $5,560

Date Reported: 05/2007 Amount Past Due: $5,560

Date of Last Payment: 12/2006 Actual Payment Amount: $0

Scheduled Payment Amount: $0 Date of Last Activity: 07/2003

Date Major Delinquency First Reported: 08/2006 Months Reviewed: n/a

Creditor Classification: Activity Description: Closed

Charge Off Amount: $0 Deferred Payment Start Date:

Balloon Payment Amount: $0 Balloon Payment Date:

Date Closed: Type of Loan: Factoring Company Account (debt purchaser)

Comments: Consumer disputes - reinvestigation in progress,

Collection account

More violations? Does this affect my DV any? Are these people ever going to fix their mistakes? Time for an ITS letter (although I don't think NC requires one)? Should I just go ahead and sue?

Thanks!

[merkurfan]

what are you going to sue them for, and will the FCRA allow you to sue them for it??

The reason I ask is because I just went through the thought of suing and found out you can't sue for many of the violations of the FRCA because they are not actionable by consumers. But there are a few that are.

[SecretAgentWoman]

Have you disputed with the CRAs as a time-barred account?

[merkurfan]

At least 120 days or more than for payments past due

is that how it really is on your report? your 'for" payments behind??

Also SAW got me with hers.. You did dispute time barred account already right?

[justagirlinnc]

Yes. I have disputed it as time-barred, incorrect dates, not my account with the CRA's. It comes back verified every time. I just disputed again after filing the DV, results not back yet.

And yes, I cut & pasted directly from my credit report. Not big on spell check are they?

What am I going to sue for? Re-aging. Incorrect information (MCM reported the DOLA as 7/03, but that the account was not opened until 8/06 and a "last payment made" as 12/06). And I have actual damages, I was denied a mortgage when my credit score dropped 25 points due to the first change in account status after the first dispute.

[IHateCAs]

The big violation here that everyone seems to be ignoring is:

Date Major Delinquency First Reported: 08/2006

Pet peeve of mine on forums like these. People make statements like "old debt from 1999" without clarifying what 1999 was. Was it the date you opened the account or defaulted on it? Why is 1999 significant?

[justagirlinnc]

The big violation here that everyone seems to be ignoring is:

Date Major Delinquency First Reported: 08/2006

Pet peeve of mine on forums like these. People make statements like "old debt from 1999" without clarifying what 1999 was. Was it the date you opened the account or defaulted on it? Why is 1999 significant?

Sorry about that, I had posted prior to DV'ing and put the whole story. 1999 was the date of default. It *should* have dropped off my credit report in 8/06, and it did, under the name of the original creditor (Beneficial). It appeared under MCM as a new open installment account opened in 8/06.

So, even using the reported information, one cannot have an account "opened" in 8/06, with a last payment of 12/06, and a DOLA of 7/03. And now the ever popular Date Major delinguency first reported :8/06 (sure, by MCM, after Beneficial reported it for 7 years!)

I was also told by a MCM employee that "the 7 years re-sets when we purchased your debt". Lovely people.

Also, this was originally a $1500 unsecured personal loan that was paid on by both me & the ex-husband prior to the '99 default. I have no idea where MCM got the $5k plus figure and since they are not responding to my dv's I guess I won't know.

[IHateCAs]

Well this is easy target practice for you.

Debt is way past SOLC in your state, so you are (from a practical standpoint) unsuable. NC has some very strict consumer protection laws.

It's unclear from the posting, whether the "consumer disputes" is being provided by the CRA (in response to you disputing directly with them), or is a notation added by the CA (in response to your DV letter).

You're new, so I'm going to ask you a stupid question. Who did you DV? MCM or the CRAs?

If this were me, I'd not send another letter to MCM (assuming you sent a DV to them). No need for follow up letters. Waste of good trees and postage. You already disputed. Your obligations are fulfilled.

I would dispute to one of the CRAs. Pick one, it doesn't matter. I'd start with Equifax, because I like them. Send a VERY SIMPLE dispute. "Delete acct# 12345678910 from MCM. The account is obsolete. The account is not listed as in dispute".

Capiche?

Wait for results. By the letter of the law, MCM must update ALL CRAs with their results, not just EQ. Failing to do so is a FCRA violation.

If they verify, dispute again with EQ.

If they verify, dispute again with EQ.

If EQ says they won't investigate anymore (not sure if they do this like TU and EX), move to the next CRA on the list (I'd go with TU).

After 3 rounds of disputes (~90 days), you'll have racked up enough FCRA, FDCPA and state violations, that you'll be able to buy a new car. Ask CarolinaBlueEyes for a lawyer referral.

[justagirlinnc]

Well this is easy target practice for you.

It's unclear from the posting, whether the "consumer disputes" is being provided by the CRA (in response to you disputing directly with them), or is a notation added by the CA (in response to your DV letter).

I am not sure either. I have disputed 3 times with the CRA's and the latest had been verified prior to the DV, so I am guessing CA added it as a result of my DV. Seems silly though, since they changed the account status after that. Does it make any difference?

You're new, so I'm going to ask you a stupid question. Who did you DV? MCM or the CRAs?)

I DV'd MCM. Just disputed with the CRA's.

If this were me, I'd not send another letter to MCM (assuming you sent a DV to them). No need for follow up letters. Waste of good trees and postage. You already disputed. Your obligations are fulfilled.

I would dispute to one of the CRAs. Pick one, it doesn't matter. I'd start with Equifax, because I like them. Send a VERY SIMPLE dispute. "Delete acct# 12345678910 from MCM. The account is obsolete. The account is not listed as in dispute".

Capiche?

Wait for results. By the letter of the law, MCM must update ALL CRAs with their results, not just EQ. Failing to do so is a FCRA violation.

If they verify, dispute again with EQ.

If they verify, dispute again with EQ.

If EQ says they won't investigate anymore (not sure if they do this like TU and EX), move to the next CRA on the list (I'd go with TU).

After 3 rounds of disputes (~90 days), you'll have racked up enough FCRA, FDCPA and state violations, that you'll be able to buy a new car. Ask CarolinaBlueEyes for a lawyer referral.

Okie dokie. However, the account is showing as "disputed by consumer" (albeit, I am not sure if that is from MCM or CRA's-see above). Does that make any difference? What about MOV's to the CRA's? The only contact I have had from MCM is one of their "we'd like to resolve this dispute, send your information to us" letters after the first CRA dispute. Nothing prior ( I discovered this mess on my reports after waiting for the Beneficial to drop off and get a mortgage-no dunning letters or contact), after the first dispute, MCM sent it to a collection agency (who I also DV'd and got no response).

[IHateCAs]

Okie dokie. However, the account is showing as "disputed by consumer" (albeit, I am not sure if that is from MCM or CRA's-see above). Does that make any difference?

Ideally, it would only have been added by the CRAs. That's another violation on the part of the CA for not reporting as disputed. Most of the major CAs are pretty good about actually making that notation though.

What about MOV's to the CRA's?

Don't waste your time.

It looks like you've already disputed with the CRAs several times. What type of letter did you send when you disputed those accounts?

In theory, you don't even need to dispute anymore (you said you disputed 3x already). I worry about you disputing simply as "not mine" as that creates a potential out for the CA on the FCRA violations. Disputing as "obsolete" and there can be no question that they verified incorrect information.

[justagirlinnc]

It looks like you've already disputed with the CRAs several times. What type of letter did you send when you disputed those accounts?

In theory, you don't even need to dispute anymore (you said you disputed 3x already). I worry about you disputing simply as "not mine" as that creates a potential out for the CA on the FCRA violations. Disputing as "obsolete" and there can be no question that they verified incorrect information.

I sent letters that I have never had an account with MCM, certainly did not open an installment account with them in 8/06, did not make any payments to them, much less one in 12/06, and had no information as to the account.

What is the purpose of obsolete? Because it is out of SOL?

Thank you so much for the information & help. This has been beyond frustrating. When I got my FICO score after the re-age I about flipped out. I have a student loan & a car loan, both paid ontime for the last year. The only bad stuff was a couple little (less than $500 medical collections from 2001) and then the MCM crap. My score was a 575. People who have gone bankrupt have better scores than me! (/rant)

[justagirlinnc]

I just received my results of the latest CRA round of disputes from Experian- Midland was deleted! yay! Now I am anxiously awaiting TU and EQ!

[justagirlinnc]

I got so excited because Midland was deleted from Experian after the last DV/disupute. I thought for sure EQ would not verify either. WRONG! My lasted dispute just came through with yet another change on the listing! Apparently MCM is now a *cough* collection agency/attorney. WTF?

Is it time to stop jerking with these poeple and sue? MCM did not validate, re-aged (see the start of this post), etc.

here is the latest CRA portion:

MIDLAND CREDIT MANAGEMENT8875 AERO DRIVE SUITE 200

SAN DIEGO, CA 92123

(800) 825-8131

Account Number: 851960XXXX Current Status: COLLECTION ACCOUNT

Account Owner: Individual Account. High Credit: $5,289

Type of Account : Open Credit Limit: $0

Term Duration: Terms Frequency:

Date Opened: 07/2006 Balance: $5,560

Date Reported: 06/2007 Amount Past Due: $5,560

Date of Last Payment: 12/2006 Actual Payment Amount: $0

Scheduled Payment Amount: $0 Date of Last Activity: 07/2003

Date Major Delinquency First Reported: 08/2006 Months Reviewed: n/a

Creditor Classification: Activity Description: Closed

Charge Off Amount: $0 Deferred Payment Start Date:

Balloon Payment Amount: $0 Balloon Payment Date:

Date Closed: Type of Loan: Collection Agency/Attorney

Comments: Consumer disputes this account information,

Collection account