mtnair

Midland Credit Management

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Last March, I met Patenaude & Felix representing MCM in court. Needless to say they lost, and the court found in my favor, they could not prove that the debt was mine.

All I did was defend myself, I didn't countersue them. Well, life has kept me very busy, and after I was denied credit today I realized that they still have the collection on at least one of my CRs.

Their last update was 2/08.

So, do I send them a settlement letter? Or, dispute with CRA (which reads consumer disputes this account), then wait and see if it is removed?

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What this Armchair Quarterback would do:

Winning in court gives you a lot of horse power to get it removed from your CRs. Definitely dispute it with the CRA reporting it. If MCM verifies it with the CRA, then send them a letter reminding them of their A$$ whoopin in court and point out that you now have actual damages from the loan declination on top of any statutory damages for their reporting.

Might just work. If not, get a little more direct with each step.

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Last March, I met Patenaude & Felix representing MCM in court. Needless to say they lost, and the court found in my favor, they could not prove that the debt was mine.

All I did was defend myself, I didn't countersue them. Well, life has kept me very busy, and after I was denied credit today I realized that they still have the collection on at least one of my CRs.

Their last update was 2/08.

So, do I send them a settlement letter? Or, dispute with CRA (which reads consumer disputes this account), then wait and see if it is removed?

Write letters to the CRA's and dispute it as not mine. At the same time write a letter to Midland telling them you will sue if the account that they could not prove in court was yours (include case number and court name) is not deleted from your credit report immediately.

Send it CMRRR and also fax to Midland's General Counsel.

Midland Credit Management

Attn: Ms. Robin Ross Pruitt, General Counsel

8875 Aero Drive

Suite 200

San Diego, CA 92123

Fax: 858-309-6977

Good luck.

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I would do what Hannah suggested, and given my experience with how Midland responds to the BBB, I would file a complaint with the BBB as well - providing them w/ a copy of the judgment. You should see some action very quickly.

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So, the OC is also listed on all three. Since the court docs, mention Household and an account # in them. Would a letter to the CRA for this account also work?

It might but the CRA's aren't going to know what's in the court docs. I'd try with Midland first and then Household.

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The results from the dispute is back from TU (took three days). Midlands collection is still there with me supposedly owing over $1500.

Will be sending letter to Midland. Should it be an ITS?

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The results from the dispute is back from TU (took three days). Midlands collection is still there with me supposedly owing over $1500.

Will be sending letter to Midland. Should it be an ITS?

If you're prepared to do so. If it were me, I'd go through the BBB first rather than go back to court...but that's just me.

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Here's what I've sent to one company after verified disputes with the 3 CRAs:

**Sent via US Postal Service Certified Return Receipt**

February 12, 2008

gator944

123 University of Florida Drive

Swamp, Florida 33884

Company Reporting

Post Office Box 55555

Las Vegas, Nevada 55555-5555

RE: Account Number 555555555555555* (as shown on reports)

Dear Company Reporting,

I recently pulled my credit report from Experian and Equifax and Transunion, and to my amazement, saw that you recently reported derogatory information on them in January 2008. You are also reporting it as a charged off account to the three credit bureaus. I immediately disputed this information with Experian and Equifax and the results of the investigation came back "verified". I am unaware of any such account, but according to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings.

Since I have disputed the derogatory entries with the credit bureaus, and you obviously "verified" them, I am very curious as to what kind of "records" you may have for this account. Under the new FACTA laws, you are required to conduct an investigation on this account if asked to, and I am now requesting you do so and dispute it in its entirety. I have included below Equifax’s response.

>>> We have researched the credit account. Account # - 5555555555* The results are: Equifax verified that this item belongs to you. Additional information has been provided from the original source regarding this item. If you have additional questions about this item please contact: If you have additional questions about this item please contact: Company Reporting, PO Box 55555, Las Vegas, NV 55555-555 Phone: (800) 555-5555

Again, given this information, I am requesting a full investigation per sec 623 of the FCRA. I will seek legal action under § FCRA 623 (B) for violations of the FCRA if you do not comply and respond to me with the results of the investigation in 30 days.

In order to clear up this matter, I would like to see a contract signed by me, itemization of any and all payments made by me, an accurate accounting of how you arrived at the reported balance, and any statements sent to me for this account. If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At that point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

To avoid a lawsuit, I request that you remove this trade line from my credit report. Though I am entitled to $3,000, or $1000 for each violation (one for each inaccurate entry on my report for each credit bureau), I will accept $1000 as restitution. Please correct this reporting from my reports, or I will be forced to seek legal action. I am reprinting the legal text from the FCRA on another enclosure for your legal staff.

Sincerely,

Gator944

Enclosure

Many here think my letter may be a little harsh and you should always write in your own words. I probably didn't need to throw around statutes and the like either, but this particular company sent a reply appologizing and advised they were notifiying the CRAs to delete their entries. So this one worked. I have a few others that haven't worked yet.

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Very true, and I simpathize with your situation. I am battling with a California company that keeps posting incorrect information on my reports also. Unfortunately, it's like the neighbor who's dog keep messing in your yard. You can't make him stop, and you can't beat him up for it. So what do you do about it. Suing them really is the only thing with teeth in it if they don't comply with your request.

I've got a few letters out requesting an investigation following my CRA disputes. After 45 days, I still haven't heard from some, while some give me some bs replies that have nothing to do with my request. A few have apologized and deleted from my reports.

You've got the steps laid out in front of you. It is really only up to you to follow them and decide how far to take it.

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