Beergoggles

Lets get the clean up started

Recommended Posts

Then I'd be sending a letter to Midland with a copy of the court's decision. If necessary, see what an attorney has to say. I'd like to see Midland explain to a court why they can still report a debt to the CRAs when they couldn't prove their case to a judge.

However, I read an AZ case, and I have a question. What exactly was stated in the order? For instance, did it state the case was dismissed under a particular rule?

Edited by BV80

Share this post


Link to post
Share on other sites

I've been trying to wrap around some AZ cases. From what I understand, if a case is dismissed with prejudice under certain rules such as Rule 41(B), that dismissal is the same as a judgment on the merits of the case (meaning they didn't prove their case). That would be to your favor if you end up having to take Midland to court.

Share this post


Link to post
Share on other sites

Deer Midlund flunking

I Beergoggles am writing to have the following accounts removed from my credit report.

Midland Funding Acct Number Beergoggles2 labeled a Debt Purchase is inaccurate because Midland Funding has admitted the account is a result of identity theft and I Beergoggles have a judgement against Midland from a suit of said account. I am requesting that the item be removed from my credit immediately to correct the information. I also request full payment of judgement awarded to defendant in case number #Beergoggleskickedyerass in the amount of $XX.XX in the County Justice Court, Arizona.

Midland Funding Acct Number #Beergoggles1 labeled a Debt Purchase is inaccurate because Midland Funding which filed as a suit case number #Beergoggleskickedyouinthenuts in which your counsel dismissed with prejudice and is ordered by a judge as so.

Enclosed are copies of the judgement awarded to me the defendant and the order of dismissal from the court regarding above mentioned cases.

I am demanding that any and all Midland Funding or any affiliates be removed immediately from my credit reports

With Luv

Beergoggles

Edited by Beergoggles

Share this post


Link to post
Share on other sites

I just read about a 623 letter is the letter above considered a 623 letter? Do they now have 30 days to take action (remove or update) in one way or another?

Share this post


Link to post
Share on other sites

Since no one else has responsed, I'll give it a try.

Section 623 is based upon errors in a furnisher's entry. You're not disputing errors in the entry. Your dispute is based upon the fact that they shouldn't be reporting at all. Therefore, I don't know that your letter would qualify under that section.

It might, I just don't know for sure. I'll see what I can find out. Hopefully, before that time, someone will have a more definitive answer.

Share this post


Link to post
Share on other sites

Thanks BV80. I hope this letter will do it. I am about to send another dispute letter to the CRA's for the other case I just won.

Share this post


Link to post
Share on other sites

From Experian in the mail today

Midland Funding #1 DELETED

Credit card #1 DELETED

Law Firm Hard Inquiry DELETED

That was from the first round, I just recently fired off another set to remove case #2 and CC #2

Looking good so far and I have a auto loan which I have not missed or been late on any payments and still have a little over a year to go, so my credit score should start cruising up real soon. I see a Harley in my future

Share this post


Link to post
Share on other sites

Thats awesome that you are slowly cleaning up your report. I am in the process of slogging through the courts with JDB's right now but hope to be in your position soon.

Thanks for all the relevant info.

Share this post


Link to post
Share on other sites

A JDB LTD financial keeps running my credit every month for 2 years yet they are not listed on my CR like midland was. Just the inquires, what can be done about this?

Thanks

BG

Share this post


Link to post
Share on other sites

Dispute the inquiries w / the CRAw as unauthorized.

Send LTD a letter demanding to know the reason for inquiries...they will either quit, or start collecting.

Share this post


Link to post
Share on other sites

Hard or soft inquiries? Is the account in or out of the SOL?

Share this post


Link to post
Share on other sites

Personally, I believe every month for 2 years is excessive. But the courts don't take much stock in my opinion.

Debt collection is permissible purpose under the FCRA. However, I'm wondering if every month for 2 years could be considered harassment under the FDCPA. I'll see if I can find any precedent related to your situation.

Since you know which debt they want to collect, you could contact them, but considering the debt is within the SOL, you might end up stirring the pot. It could be that one of the reasons they're making the inquiries is to goad you into contacting them.

Is LTD collecting for someone else, or do they claim to own the account? Considering you know which account they're collecting, I assume you've received letters?

Share this post


Link to post
Share on other sites

So far, I haven't had any luck with any relevant case law. You might look at it this way: So far they haven't placed an entry on your CR. We don't know what might happen if you contact them or raise a fuss over the inquiries.

You ought to open their letters. You never know if one or more of them might contain a nice FDCPA violation or two.

Share this post


Link to post
Share on other sites

Transunion just deleted the other midland acct. I got all 3 credit reports today and my score has gone up 50 points already!

Share this post


Link to post
Share on other sites

Thanks 1stStep, I blame you for my success! LOL I am stoked it has only been 2 months and it has gone up almost 100 points(edit 130pts). Fricken amazing I say. If it were not for everyone here helping me I would be one hurting unit. I proudly tell people my story and add that it is bittersweet. Yes I got in trouble with my finances, but I (WE) whipped a multi billion dollar company in court and made them turn tail and run in front of a judge. I objected even! LOL Thanks to all and I hope my story can help many!

BG

Edited by Beergoggles

Share this post


Link to post
Share on other sites

Don't assign all the blame to me... I only impart the knowledge I got from the Credit School of Hard Knocks...

Share this post


Link to post
Share on other sites

I know but you were a giant help!

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.