Next Move For Collections and Charge Offs

[win2011]

Hello All,

Thank you for taking the time to read my post. I have 4 negative tradelines on my credit report that I have been diligently attempting to get deleted.. Below you’ll find a breakdown of what I’ve done thus far and attachments of the tradelines from my Experian credit report. I'm hoping to get some guidance with what my next step should be.

 

Charge off: A Bank of America credit card (Zero balance reported)

Round 1

After disputing this account with all three credit reporting agencies, this account came back verified by all three. I then sent Bank of America a DV letter but all they sent me was the standard letter stating that the account had been sold to Midland and for me to contact them.

Round 2

After a few months passed I decided to try the the Jack Attack method and the 623 method. I sent a Jack Attack letter to all three credit reporting agencies and a 623 letter to the OC. The account came back verified by all three credits reporting agencies and the OC sent the standard letter again stating that the account had been sold to Midland.

 

Charge off: A HSBC credit card (Zero balance reported)

Round 1

After disputing this account with all three credit reporting agencies, this account came back verified by all three. I then sent HSBC a DV letter but all they sent me was the standard letter stating that the account had been sold to Midland and for me to contact them.

Round 2

After a few months passed I decided to try the the Jack Attack method and the 623 method. I sent a Jack Attack letter to all three credit reporting agencies and a 623 letter to the OC. The account came back verified by all three credits reporting agencies and the OC sent the standard letter again stating that the account had been sold to Midland.

 

Collection from: Midland for the Bank of America credit card

Round 1

Some background information first. Midland sued me back in early 2011 for this collection account but the case was dismissed without prejudice. I sent a copy of the court certified dismissal to all three credit reporting agencies disputing this tradeline. The tradeline was deleted from Equifax and Transunion but Experian verified it and are still reporting it. I also sent a DV letter to Midland but they simply responded with a letter stating they need further documentation to support my dispute.

Round 2

After a few months passed I decided to try the Jack Attack method. I sent a Jack Attack letter to all three credit reporting agencies and I sent another DV letter to Midland focusing on the points in the Jack Attack letter. The response from all three credits reporting agencies was a validation of the debt and Midland simply responded with a letter stating they need further documentation to support my dispute.

 

Collection from: Midland for the HSBC credit card

Round1

After disputing this account with all three credit reporting agencies, this account came back verified by all three. I then sent a DV letter to Midland but they simply responded with a letter stating they need further documentation to support my dispute.

Round 2

After a few months passed I decided to try the Jack Attack method. I sent a Jack Attack letter to all three credit unions and I sent another DV letter to Midland focusing on the points in the Jack Attack letter. The response from all three credits reporting agencies was a validation of the debt and Midland simply responded with a letter stating they need further documentation to support my dispute.

 

My Question:

What should my next move be? I was thinking of filling complaints with the BBB, my State AG, or the FTC. 

 

Any help with this would be greatly appreciated. Thank you for taking the time to read my post.

 

 

 

 

[BV80]

Is any information being reported inaccurately? 

[shellieh98]

The original creditors are reporting correctly, zero balance because they sold the debt.  They will report on it for 7.5 years from the date of the default.

Midland bought the default accounts and now owns them.  They can report on them for 7.5 years from the date of the default.  I know it's not fair to have 2 reports for the same debt, but that is how it works. 

The one that was dismissed without prejudice, you got lucky the 2 CRA's took it off their records, because midland absolutely still has the right to report on it.  If it was WITH prejudice, that would be a different story.

Midland will do one of 3 things.  1. nothing, and just keep reporting it until the 7.5 years has passed.  2.  Send you dunning letters asking for payment, and still report on it, or 3. Sue you for the 2nd one, and sue you again for the 1st one they already dismissed.  If they dismiss it again after refiling it, most states say they cannot refile.  But they can still report.

[Starmann]

  Look at this if needed. They also won on appeal.

 

  LVNV Funding, L.L.C. v Colvell   Case No. A-1313-10T3 (NJ Superior Ct. App. Div., Jul. 12, 2011)

Defendant Mary B. Colvell appeals from 

[win2011]

So I go to the mailbox late this afternoon and I received a letter from Midland regarding the HSBC account. The letter stated that based upon the information provided to them they have instructed the three major credit reporting agencies to delete the above referenced account from your credit file. So that's a victory there. I'm not sure if I'll be receiving a letter shortly regarding the other account as well but they were worded pretty much the same. Why do think this happened?

 

Is any information being reported inaccurately? 

Thanks for the response BV80. Everything that was reported incorrectly has been corrected. I looking for verification of debt and proof the have the right to collect.

 

The original creditors are reporting correctly, zero balance because they sold the debt.  They will report on it for 7.5 years from the date of the default.

Midland bought the default accounts and now owns them.  They can report on them for 7.5 years from the date of the default.  I know it's not fair to have 2 reports for the same debt, but that is how it works. 

The one that was dismissed without prejudice, you got lucky the 2 CRA's took it off their records, because midland absolutely still has the right to report on it.  If it was WITH prejudice, that would be a different story.

Midland will do one of 3 things.  1. nothing, and just keep reporting it until the 7.5 years has passed.  2.  Send you dunning letters asking for payment, and still report on it, or 3. Sue you for the 2nd one, and sue you again for the 1st one they already dismissed.  If they dismiss it again after refiling it, most states say they cannot refile.  But they can still report.

Thank you for the help Shellieh. So they don't have to verify or validate these accounts by presenting proof to me?

[admin]

@win2011 - you could dispute with the bureaus again and dispute information within the account listing for B of A and HSBC.  Date opened wrong, account balance wrong, etc.  Sometimes this works.  

 

I would also send a strongly worded letter to Midland telling them they don't have the right to report this account to the credit bureaus unless they have documentation (and they don't) proving they have the right to collect.   You don't need to provide them with documentation in order to dispute this listing, they need to prove they are reporting accurately.  

[win2011]

@win2011 - you could dispute with the bureaus again and dispute information within the account listing for B of A and HSBC.  Date opened wrong, account balance wrong, etc.  Sometimes this works.  

 

I would also send a strongly worded letter to Midland telling them they don't have the right to report this account to the credit bureaus unless they have documentation (and they don't) proving they have the right to collect.   You don't need to provide them with documentation in order to dispute this listing, they need to prove they are reporting accurately.  

Thank you Big Sister that's what I think my next move is going to be especially since Midland already removed on account, I doubt they have the documentation for the other either.

[admin]

@win2011 - good to hear it!

[energizer]

i have already used three different ways of asking disputes a) incorrect balance not mine c) account closed. None of them have worked for all came back as " its being disputed" from credit bureaus and i get the very standard letter from Midland stating we have investigated your dispute and we will resume collection activities. I have also disputed using the Texas finance code but no success yet.

 

Midland sends you the very same letter every time? is there something that can be done?