up100in6months Posted January 28, 2008 Report Share Posted January 28, 2008 HI All!!A while back, before finding these forums, I disputed an OC (Providian)on cr and they ended up erasing it(was from 2001). ( NCO was CA ) Now "Midland" is new CA and it shows up on cr as "collection" as of 12/07. But I never received ANYTHING from Midland, not a letter or even ONE phone call!! I only found out about it was I joined Scorewatch. Why are they being so sneaky?? How was I supposed to know Midland took over if I hadn't been monitoring credit? How do I do DV now? I do not know how to figure out "30day window" if they never sent me anything? Please help!! Link to comment Share on other sites More sharing options...
rmuse00 Posted January 28, 2008 Report Share Posted January 28, 2008 Midland is being sneaky because that is how they are. Do you know exactly when the debt went delinquent? Based on SOL for NY I believe it is 6 years. I would not do a thing until you know for sure that it has past the SOL. I would wait out the SOL and then dispute doing the 1-2 punch. DV Midland and once you know they are in receipt of your dispute then you dispute with the CRA's. Chances are they will not verify and delete from your report. But remember, the debt does not go away especially if it is for a substantial amount. It can continue to be sold to other CA/JDB's. But you would have the fact that it is a time-barred debt as a defense if they sue. Some states do allow collection of time-barred debts but don't think NY does. Maybe others will confirm that. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted January 28, 2008 Report Share Posted January 28, 2008 It is not at all unusual for a collection agency to report on an account they’ve acquired before they contact the debtor him/her self. In fact, they may never contact you at all.Yes, you can dispute a debt with a collector at any time and regardless of “how” you found out about the CA’s involvement. Whether/how they’ll respond is another matter. There is plenty of information on this site to explain the DV process so I won’t belabor you with the details here.Now, I would never dispute my favorite moderator but in my always humble opinion, it is usualy incorrect and can be counterproductive to ascribe “human” emotions/motivations to the actions or inactions of a business, including collection agencies. While there are certainly rogue collection agencies and especially, the rogue collection agent out there, most actions on the part of CAs that we take so personally are simply the mechanics of the collection process – in fact, most things such as you describe happen with little or no “human” involvement at all.What probably happened is that the OC either assigned or sold your (alleged) debt to a JDB/CA along with hundreds or thousands of similar accounts and all this information got dumped from the OC’s database to the CA’s database and the CA, as a matter of routine, started “reporting” these accounts, yours included.I realize that to the individual consumer, these things are very PERSONAL. However, as difficult as it can be to put into practice, I firmly believe that consumers will always be far better served when they approach these matters as businesslike and dispassionately as possible. Link to comment Share on other sites More sharing options...
gator944 Posted January 28, 2008 Report Share Posted January 28, 2008 I have posted a couple of threads here about Midland suing my wife. Fortunately, they were unable to serve her the summons and the case was removed from the court calendar and subsequently voluntarily dismissed according to the clerk of courts website.Prior to the suit they filed, we never received any letter, notifications, or phone calls about the debt from them. In my opinion, they buy debt without any documentation, file suit on the creditor, win a summary judgment in most cases, then sell the judgment (which now has strong documentation) for a much higher price than the original junk debt they bought.I would keep my ear to the ground for the process server coming. Don't worry if they do sue and you get a summons. Chances are they will not have anything but an affidavit from a Midland employee, which can be successfully argued as hearsay and thrown out. Then you simply argue: Why do I owe you......because you say so???Sorry if I got too far ahead. I just wanted to share our experience with these guys. Link to comment Share on other sites More sharing options...
kb9tbq Posted January 28, 2008 Report Share Posted January 28, 2008 It is going to be hard to know the SOL date with the OC missing off of the credit report.Watch out for re-aging from the CASend the collection agency a DV request.Dispute the CA listing with the credit reporting agency. Link to comment Share on other sites More sharing options...
up100in6months Posted January 29, 2008 Author Report Share Posted January 29, 2008 First off I want to thank everyone for their quick responses!! Thanks gator944 for the heads up on these people. Before the OC fell off cr, it said it was scheduled to come off in 7/08. Since I had disputed the OC and they were unable to verify, what are the chances of the CA being able to verify?? It seemed like a no-brainer...I will DV CA...but I think I am in for a lot of BS if they keep deleting from cr and next CA does the same thing. Robert_Nashville, it was odd to me that midland never attempted to contact me, for every previous ca has used every resource they could to make themselves known. I have just never had that happen to me! Thanks again for your help! Link to comment Share on other sites More sharing options...
PCS Posted January 30, 2008 Report Share Posted January 30, 2008 You have a common situation where you pulled your credit and there is a collection you have never received the initial dunning letter on. Do you have the right to DV them? Yes! Do they have to respond? no! I have gone to great links to find out if the 1-2 punch will work. After speaking to two different credit attorneys; one on each side of the isle. The 30 days starts after receiving the initial dunning letter "Written notice" It clearly states this in the FDCPA. And the bad thing is, it is your word against theirs you did not receive the initial dunning letter; "Not fair because we must use certified mail"So my question is what is the law behind the 1-2 punch? The collection most likely will not be on the credit report within the initial 30 day period, and after the 30 day period you do not have the same validation rights.I hope some one can show me some precedent that states if you pull your credit and see a collection you have never received a dunning letter, the 30 days starts then. Please someone show me, if not the CA's can just not send the dunning letter and get away with it. Link to comment Share on other sites More sharing options...
gator944 Posted January 30, 2008 Report Share Posted January 30, 2008 Does this help, PCS?§ 623. ( Duties of furnishers of information upon notice of dispute. (1) In general. After receiving notice pursuant to section 611(a)(2) [§ 1681i] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall (A) conduct an investigation with respect to the disputed information; ( review all relevant information provided by the consumer reporting agency pursuant to section 611(a)(2) [§ 1681i]; © report the results of the investigation to the consumer reporting agency; (D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis; and (E) if an item of information disputed by a consumer is found to be inaccurate or incomplete or cannot be verified after any reinvestigation under paragraph (1), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly-- (i) modify that item of information; (ii) delete that item of information; or (iii) permanently block the reporting of that item of information. Link to comment Share on other sites More sharing options...
PCS Posted January 30, 2008 Report Share Posted January 30, 2008 This provokes yet another question. If a collection agency do they now become the original creditor and have to follow section 623 in the FCRA. The problem with all of this no one knows because their is still so much of this without precedents in the courts and unfortunately that is what matters. I have the pleasure to attend the NACA and NACBA attorneys conference in March that is about the FDCPA. I will ask all of these questions. If anyone has any good questions they would like me to ask let me know.Very important do not let this stop you from DV because even though you will not have a leg to stand on in court it still works and I have proof from that from doing credit repair on my new wife. I have sent the DV letters, and no response letter, allot of stuff deleted but we also have received letters from the CAs' that state they are deleting the items off the credit report. The fact is they do not know either and no one will until it goes to a high court and sets a precedent.gator thanks for the response, if we continue to help educate each other then we can stop the abuses by the CRA, CA and OC. Have a great day! Link to comment Share on other sites More sharing options...
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