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Thoughts on Midland's responses


vankat
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I received a letter from Midland on 06/24/08 letting me know that they are considering forwarding to an attorney with the intent to initate legal action. I believe them. What should I make of what's happened so far? I sent them a DV letter on 06/30/08, telling them this was the first communication I have received and I was surprised to see them on my credit report. I haven't received anything back so far. I disputed their entry on my credit report with Experian online on 06/21/08. As of today, Experian is still "investigating". I disputed with TransUnion by mail a couple of days ago. They are reporting on TU as a factoring company, "placed for collection", account status "collection account".

I disuputed with Equifax by mail acouple of days ago also. They are reporting on EQ as "other accounts", "closed accounts", "type of account: open", no dolp, no dola, no date opened, and factoring company account. I guess what I'm trying to say is it looks like on each credit report, they are reporting somewhat differently. Anyone want to venture a guess as to what will happen next?

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A lot of letters from collection agencies will say that they "are considering" . It is meant to illicit an emotional response from the debtor. I have received many of those type letters and not one of the agencies has ever sued me.

That does not mean you should not keep a watchful eye on them, because you never know. But if they can not validate, then how can they prove anything in court?

Wait the full 30 days and see if they send you vailidation as outlined by the FDCPA and then you can move forward accordingly.

A far as your credit report, it is the most common tactic for them to poison your credit report, because they know it is hard for you to get them off, and collection acounts lower scores, if they can't properly validate then they can't legally report it.

How old is the debt? is it outside of the statute of limitations. If you have an affirmative defense, then you will have to be the proverbial thorn in their side to make them go away, most CA's and JDB's don't like to waste time, they wan't an easy target and fast cash, if they have to earn it, they usually go away if they can't win.

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Nope, well within SOL, that's why I believe them. Just kinda wondering why it is taking so long for Experian to verify if they are so gung ho to sue. LVNV, which is well out of SOL verified withing days of my dispute with Experian.

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From my experience, if the debt is more than $800 or so, when you least expect it a few months down the road, they'll find a local wanna-be attorney that will file the paper work. Assuming you sent the DV CMRRR so you have proof of service, the nice thing you have going for you now though, is if/when they do file, you answer and file a counter claim for violating FDCPA for continuing collection activity before validating.

Midland typically can’t validate a debt enough to prove to a court that you really do owe what they say you owe. Validating the debt to you though, can simply say who the OC is, how much you owe etc… without truly giving you any specifics unless you push the issue with them. Like BMN said though, they look for the easy money, default judgments and people who don’t know their rights.

Bob

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Back in the day when things were not going well for me, after a chapter13 dismissal, I was flooded with letters like that. When I responded to them by mail, I always put in bold letters that the above address is true and correct and all coorespondence should be sent to the listed address.

That statement in a letter does not leave them any excuse for trying to obtain a default judgement by using "sewer service" delivery of a summons to some bogus address. It is much easier to get a judgement vacated if all bases are covered.

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Midland is the lowest scum of the CA's, they're trash !! I received many of those letters from them and they were the thorn in my side for years. They were recently trying to collect on a debt that was out of the SOL. Do a search on Midland and you will find tons of stuff on them. They don't like the BBB but you ned to have all your ducks in a row before you go that route. To answer you EX question, how long has it been since you asked EX to validate the TL ? I'm sure you know they have 30 days, has it been longer ?

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I disputed with EX on 06/21/08, yes they have time, but LVNV result came back within days (they are out of sol). I guess I was expecting the same with Midland because they both poison my report in exactly the same way. So just keep letting them know I'm not going to bend easily? I will go to court just to make them have to work for my money since they are making me work to get them to validate and report correctly.

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I disputed with EX on 06/21/08, yes they have time, but LVNV result came back within days (they are out of sol). I guess I was expecting the same with Midland because they both poison my report in exactly the same way. So just keep letting them know I'm not going to bend easily? I will go to court just to make them have to work for my money since they are making me work to get them to validate and report correctly.

Since your DV to Midland was out of the 30 days time frame they really do not have to validate the TL. Now Its your job to catch them in violations so work on that. Now if EX has not responded within 30 days then what I usually do is have my second letter ready to mail stating " by FCRA laws you did not resopond to my request for verification within the 30 days you are allowed ..." I usually give them like 35 days then send the letter off which ends up being a total of 40 days. So if EX does not verify in 30 days it could be a blessing in disquise but they are notorious for getting that letter to you like on the 30th day so keep your fingers crossed and keep us posted !! :)

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  • 2 weeks later...

well, i received experian's dispute results and midland was deleted!!! :D i'm kinda pesimistic that it will show up again, but i'm still waiting for the results from tu and equifax. hopefully my letter letting them know that their "statement" wasn't good enough will keep them off my reports.....

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well, i received experian's dispute results and midland was deleted!!! :D i'm kinda pesimistic that it will show up again, but i'm still waiting for the results from tu and equifax. hopefully my letter letting them know that their "statement" wasn't good enough will keep them off my reports.....

Congrats :)

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Maybe I'm missing something, vankat.

You received a letter from Midland hinting at legal action, you believe them, but now you're pleased they're off your credit report? Maybe it's just me, but I think I'd be more concerned with a pending lawsuit than the credit report.

Having said that, my wife got a similar letter from Midland earlier this week. I don't have it in front of me, but I think it said roughly the same thing: we're considering referring it to an attorney for legal action, yadda, yadda, yadda. I think this is just Midland's standard form letter. Personally, I don't take them seriously. Various CA's and collection attorneys for CACH have failed to provide validation over the last couple years, now Midland has bought it, and I'll be sending off the DV letter next week. I'll be very surprised if they respond. I expect they'll just sell the account off.

DH

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yes, i'm happy they're off my report. i am concerned that they will file suit, but i am willing to go to court to force them to show me exactly what i supposedly owe them. like i said, i am pesimistic about the whole thing and will wait it out. they have reported information on my reports that is incorrect and misleading as far as status and dates. until they report correctly i am willing to go to court win or lose.

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A lot of letters from collection agencies will say that they "are considering" . It is meant to illicit an emotional response from the debtor. I have received many of those type letters and not one of the agencies has ever sued me.

That does not mean you should not keep a watchful eye on them, because you never know. But if they can not validate, then how can they prove anything in court?

Wait the full 30 days and see if they send you vailidation as outlined by the FDCPA and then you can move forward accordingly.

A far as your credit report, it is the most common tactic for them to poison your credit report, because they know it is hard for you to get them off, and collection acounts lower scores, if they can't properly validate then they can't legally report it.

How old is the debt? is it outside of the statute of limitations. If you have an affirmative defense, then you will have to be the proverbial thorn in their side to make them go away, most CA's and JDB's don't like to waste time, they wan't an easy target and fast cash, if they have to earn it, they usually go away if they can't win.

They don't have to reply to a DV within 30 days. They can take as long as they want, as long as they discontinue collection activity and mark the trade lines disputed. The only 30 day limit in DV is, we need to request DV in writing within the first 30 days of initial communication.

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...but i am willing to go to court to force them to show me exactly what i supposedly owe them. ...

That's the spirit. Don't blame you a bit. As we're both in California and got similar letters, I'm interested in their response to your DV as well. If they do sue, I'll be happy to share what I know (have been involved with one lawsuit) to help you through it.

Good luck.

DH

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yes, i'm happy they're off my report. i am concerned that they will file suit, but i am willing to go to court to force them to show me exactly what i supposedly owe them. like i said, i am pesimistic about the whole thing and will wait it out. they have reported information on my reports that is incorrect and misleading as far as status and dates. until they report correctly i am willing to go to court win or lose.

Congrats and I hope it all works out, for you and DH.

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oh wow, that's awesome debtorshusband, i will defninately look to you for help when/if they do. i do have another question regarding this whole thing. i happen to have the orginal "cardholder agreement" and it talks about defaulting with them, but nothing regarding "selling" the debt. is there any documentation anywhere regarding this issue? i tried searching but found nothing answering this specific question.

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i happen to have the orginal "cardholder agreement" and it talks about defaulting with them, but nothing regarding "selling" the debt. is there any documentation anywhere regarding this issue? i tried searching but found nothing answering this specific question.

Oh wow, I don't know how helpful I can be on this one. I haven't actually tried to read the miniscule print of a cardholder agreement in some time. But I think what you're looking for is a reference to an obligation them "or our assigns." That's the terminology that refers to a purchaser of the debt.

DH

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hhhmmm, ok, here is the verbiage:

Default. Your Account is in default if you fail to comply with any of the terms of this Agreement or any other loan agreement with us or anyone else; in the event of your death, incompetency, bankruptcy, insolvency, fraud or misrepresentation; or if we reasonably believe that you will be unwilling or unable to pay debts you owe to anyone. If you are in default, we may close your Account without notice, and you must immediately pay your unpaid balance. To the extent not prohibited by law, if you are in default, you will pay our collection costs, attorney fees(including allocated costs for attorneys who are employed by us), court costs and all other expenses of enforcing our rights under this Agreement.

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Do not be surprised if Midland shows back up on your EX report since you disputed on-line. It may have just been supressed by EX but could show again if Midland reports. Also, remeber that cardholder agreements change frequently and the original you have may no long be valid.

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hhhmmm, ok, here is the verbiage:

Default. Your Account is in default if you fail to comply with any of the terms of this Agreement or any other loan agreement with us or anyone else; in the event of your death, incompetency, bankruptcy, insolvency, fraud or misrepresentation; or if we reasonably believe that you will be unwilling or unable to pay debts you owe to anyone. If you are in default, we may close your Account without notice, and you must immediately pay your unpaid balance. To the extent not prohibited by law, if you are in default, you will pay our collection costs, attorney fees(including allocated costs for attorneys who are employed by us), court costs and all other expenses of enforcing our rights under this Agreement.

Reading this again, this is a real piece of work.

"...if we reasonably believe that you will be unwilling or unable to pay debts you owe to anyone."

So you could be perfectly up to date on all your debts, but if they just think that you might, in the future, have trouble paying a debt, even if it's to somebody else, they can declare you in default, close the account, and demand immediate payment if full. I wonder if this would hold up in court if they ever actually exercised it.

DH

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