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Finally Midland (MCM) Responded To My Complaint With BBB What Now?


incognito
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Hi All,

Midland is reporting negative information to CRA on a account from 2002. Recently I sent a DV letter to Midland Credit Management. In reply they wrote "We MCM are looking into it. Please send us any information you have that substantiate your dispute". That was all I got back. Few weeks later MCM sent me a letter from them with a settlement offer. During this entire process MCM continues to report negative information on my credit, so I decided to file a complaint against them with BBB. Last week I got a response from BBB that provided me an update from MCM.

MCM Wrote: Mr. Incognito writes that he has not received response to his DV request. As you are aware, FDCPA expressly provides certain time limitation for the submission of such request. Because the request was not timely, so the obligation to provide verification under the FDCPA did not apply. To date he has failed to provide MCM any document to substantiate his dispute.

I agree that my DV was not timely but at the same time I have never received anything from MCM in the past. I have moved 3 times in past 5 years so not sure if they could not reach me because of that (No tolling here I was in same state all along). Any suggestion on how I should respond back to BBB so they can communicate back to MCM?

I understand that CA can refuse to provide DV under FDCPA if it is not timely. But can they still continue to collect & report to CRA without providing proper DV in this case? I appreciate all your suggestion and feedback on how to solve this mess.

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Hi All,

Midland is reporting negative information to CRA on a account from 2002. Recently I sent a DV letter to Midland Credit Management. In reply they wrote "We MCM are looking into it. Please send us any information you have that substantiate your dispute". That was all I got back. Few weeks later MCM sent me a letter from them with a settlement offer. During this entire process MCM continues to report negative information on my credit, so I decided to file a complaint against them with BBB. Last week I got a response from BBB that provided me an update from MCM.

MCM Wrote: Mr. Incognito writes that he has not received response to his DV request. As you are aware, FDCPA expressly provides certain time limitation for the submission of such request. Because the request was not timely, so the obligation to provide verification under the FDCPA did not apply. To date he has failed to provide MCM any document to substantiate his dispute.

I agree that my DV was not timely but at the same time I have never received anything from MCM in the past. I have moved 3 times in past 5 years so not sure if they could not reach me because of that (No tolling here I was in same state all along). Any suggestion on how I should respond back to BBB so they can communicate back to MCM?

I understand that CA can refuse to provide DV under FDCPA if it is not timely. But can they still continue to collect & report to CRA without providing proper DV in this case? I appreciate all your suggestion and feedback on how to solve this mess.

Hello, I have somewhat similar situation with MCM: I have moved a couple of times and I dont remember getting any mail from them. They have been reporting negative information on behalf of HSBC since 2001. I thought about sending DV, but this account will fall off from my CR in early 2008, since it's been almost 7 years (by law). And, the SOL in my state is 6 years thus they cant come after me, legally, speaking. It seems, the SOL for your account will/should expire soon, too. You should check for the SOL in your state, however. So, keep disputing it. Contact them them only in writing and make sure they dont trick you to start making any kind of repayment plan, as it will reset the clock. Push for a very less settlement and PFD.

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Even if the debt is about to expire, I would still dispute and complain until they take it off. Respond to the BBB by saying that you never received any information form them and was not aware that they were on your credit report until your credit monitoring service notified you. Sometimes when a debt is close to expiring, the CA’s will sell the debt. In my complaint to the BBB, I requested not only deletion, but also a promise that the debt would not be sold. I also wrote to the AG and the FTC after months of disputing with the CRA, and Midland directly.

Today, I received confirmation from Midland, via the BBB…

“…However, in accordance with Midland Credit’s policy to react affirmatively to consumer issues, the account was moved to a special holding-queue where all collection activity, credit reporting and sale of accounts are prohibited. In addition, the three credit-reporting agencies were notified to delete all references to this account from trich701’s credit file…”

Knowledge is power!!! This site has helped me tremendously!

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Even if the debt is about to expire, I would still dispute and complain until they take it off. Respond to the BBB by saying that you never received any information form them and was not aware that they were on your credit report until your credit monitoring service notified you. Sometimes when a debt is close to expiring, the CA’s will sell the debt. In my complaint to the BBB, I requested not only deletion, but also a promise that the debt would not be sold. I also wrote to the AG and the FTC after months of disputing with the CRA, and Midland directly.

Today, I received confirmation from Midland, via the BBB…

“…However, in accordance with Midland Credit’s policy to react affirmatively to consumer issues, the account was moved to a special holding-queue where all collection activity, credit reporting and sale of accounts are prohibited. In addition, the three credit-reporting agencies were notified to delete all references to this account from trich701’s credit file…”

Knowledge is power!!! This site has helped me tremendously!

Trich 701,

This issue seems to trouble a lot of us. Can you kindly post some example of the the language you wrote to BBB and elaborate how you were able to get a promise from CA that they will not sell the debt.

Looking for some deeper understanding of the process you conducted.

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Even if the debt is about to expire, I would still dispute and complain until they take it off. Respond to the BBB by saying that you never received any information form them and was not aware that they were on your credit report until your credit monitoring service notified you. Sometimes when a debt is close to expiring, the CA’s will sell the debt. In my complaint to the BBB, I requested not only deletion, but also a promise that the debt would not be sold. I also wrote to the AG and the FTC after months of disputing with the CRA, and Midland directly.

Today, I received confirmation from Midland, via the BBB…

“…However, in accordance with Midland Credit’s policy to react affirmatively to consumer issues, the account was moved to a special holding-queue where all collection activity, credit reporting and sale of accounts are prohibited. In addition, the three credit-reporting agencies were notified to delete all references to this account from trich701’s credit file…”

Knowledge is power!!! This site has helped me tremendously!

ah okay, this is also another weapon of choice. Thank you.

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I got notice today that Midland returned CMRRR.

I also found out that they have had 236 complaints with the BBB in the past 3 years. They are a member of the BBB and they do apparently want to stay in good standing with them.

I had prepared a BBB complaint but since they want to play stupid and EQ wants to join them I will be sending EQ an ITS I am sick of their antics have been trying to deal with them since March and EQ has tested my last nerve.

If they all want to go to federal court is fine by me.

Moriah

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I agree that my DV was not timely...

I disagree. Furnishing information to a CRA is not initial contact!

Dispute their claim that the DV was not timely. When did the info appear on your CR? When did you DV? For example, you have a strong case that they are BFLs if the TL appeared on your CR Aug 2, and you send a DV Aug 10th.

Don't give them an inch.

-r

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I disagree. Furnishing information to a CRA is not initial contact!

Dispute their claim that the DV was not timely. When did the info appear on your CR? When did you DV? For example, you have a strong case that they are BFLs if the TL appeared on your CR Aug 2, and you send a DV Aug 10th.

Don't give them an inch.

-r

Midland claims that they took over this account back in 2004. I personally cannot verify when they started reporting to CRA because I have not pulled my credit report in years and August 2007 was the first time I pulled my report since 2000 and noticed this negative reporting. Also what is BFLs?

Thanks

Incognito

Based on this can you guide me to what my response to BBB for MCM should be? All I want is to get this off my CRA.

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"I am requesting that MCM not sale this junk debt in an effort to benefit from their unscrupulous collection practices, and that all references of this debt be removed form all three of the Credit Reporting Agencies, or a sum of no less than $1,000 for each violation of the FCRA, FDCPA, and the Texas finance Code."

In my letter I simply provided a log of the numerous efforts that I made to receive validation. IMO, a desperation letter works best.

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Based on this can you guide me to what my response to BBB for MCM should be? All I want is to get this off my CRA.

I ran into this with Arrow. They showed up on my wife's CR. When I DVed, they claimed it was untimely. I simply refused to accept their claims.

What address did they send a dunning letter to? Did you live there at the time (no, you didn't ;))

If their claims are true, why don't they just produce evidence? Are they hiding something? The BBB is not a court of law, why are they hiding behind the law? As practical matter, they should produce evidence. You just don't send money to people that claim you owe them money. Maybe MCM is just pulling off a scam?

Does everything on all three reports and the settlement offer all agree? Is the DOFD correct?

BFL=Big Fat Liar(s)

-r

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