My last two whales - Discover and MCM

[spacemandave]

Over the last year, I have raised my "sucker score" from ~600 to 650 through goodwill letters. 

 

A lot of my older accounts that were inactive came back as "we can not find find your account" and they dropped the TL.  I have just sent out another round of letters challenging information on 4+ year old accounts and expect to clear many of those from my CR.  They have not updated for at least 3 years.

 

My two white whales are Discover and MCM:

 

Discover - Slated to still be reported until 9/14

They report it in collections/charge-off every month.  It looks as if they keep their records in top shape.  I will try disputing the TL with the CRA's with a CMRR hoping to get a 30 day slip up and then graduate to a 623 dispute with Discover again keeping a clock with CMRR. This account is way too big to consider a PFD.

 

Midland - Slated to still be reported until 7/14

Midland has started collection activity and I have just DV'd them.  As with Discover, I will try disputing the TL with the CRA's with a CMRR hoping to get a 30 day slip up and then graduate to a 623 & TXC392 dispute keeping a clock with CMRR.  The other avenue with MCM is that they are charging interest and fees on this account.

 

I need to be careful not to acknowledge the debt and renew the SOL.  I know these are going to drop off next year, but I am looking to replace a car.  If I were to wait a year, I would have to put a lot of money into an 18 year old car to keep it running.

 

Any other ideas on how to land these two whales?

"…to the last I grapple with thee; from hell's heart I stab at thee; for hate's sake I spit my last breath at thee."

 

 

[admin]

@spacemandave - I think you're doing a great job with your strategies.  Keep up the good work.  I would not add anything until we see the results of your latest disputes and DV.  

[spacemandave]

Well that was disapointing, the old accounts came back as verified, so here is my 623 letter:

 

To Whom it May Concern:

 

I noticed when I pulled my credit report that you are reporting Account XXXXXXXXXXXXXX on it. I disputed that this information is inaccurate. This dispute came back as verified.  I need more documentation to pursue my dispute with the Credit Reporting Agency.

 

Please provide me with copies of the monthly statements for 10/2007, 11/2007 and 12/2007 for this account so that I may follow up with my dispute with the Credit Reporting Agency.

Under the Fair Credit Reporting Action section 623 you are obligated to keep accurate records for this account:

§ 623 Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

(a) Duty of furnishers of information to provide accurate information.

(1) Prohibition.

(A) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

 

( Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if

(i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and

 

(ii) the information is, in fact, inaccurate.

 

If you cannot provide the requested documents, I must request that you delete the account from all Credit Reporting Agencies.

 

Sincerely

 

Me

 

Does that cover all the bases?

[admin]

@spacemandave - it looks good to me.  

[spacemandave]

Ok, I just pulled my Experian CR and am wondering how much these items are hurting me:

 

WEBBANK/DFS

Classification: Current, closed

Payment Status: Paid, was a charged off

120 Day Late 3/2008, KD 4/2008 5/2008 9/2008 5/2009 10/2009 2/2010

 

Citi

Classification: Current, closed

Payment Status: Legally paid in full for less than full balance.

120 Day Late 4/2008, KD 5/2008 - 3/2010

 

Experian does not indicate these as possible negative, is that true?

 

They still have to be dragging down my score.  Any idea how much these items are affecting my credit score for: Home loan, Auto loan

[admin]

Ok, I just pulled my Experian CR and am wondering how much these items are hurting me:

 

WEBBANK/DFS

Classification: Current, closed

Payment Status: Paid, was a charged off

120 Day Late 3/2008, KD 4/2008 5/2008 9/2008 5/2009 10/2009 2/2010

 

Citi

Classification: Current, closed

Payment Status: Legally paid in full for less than full balance.

120 Day Late 4/2008, KD 5/2008 - 3/2010

 

Experian does not indicate these as possible negative, is that true?

 

They still have to be dragging down my score.  Any idea how much these items are affecting my credit score for: Home loan, Auto loan

@spacemandave - They are definitely still dragging down your score.  A paid charge off is bad, but so is "settled for less than owed".  I'd try disputing again and give a different reason for the dispute.  

 

It's weird that Experian does not put those in the negative column, but negative they are.  

[spacemandave]

Getting back to Midland.  On August 10th I DV'd them and have not received a response to my letter:

 

Midland Credit Management, Inc.

8875 Aero Drive

Suite 200

San Diego, CA 92123

 

RE: Account # XXXXXXXXX

August 10, 2013

 

To whom it may concern,

This letter is in response to your letter dated 07/12/2013.

I dispute this alleged Citi account in its entirety.

As per the FDCPA 1692g, I am requesting validation of the alleged debt.

All phone calls are inconvenient, so all communications need to be by United States mail only.

 

Best Regards,

 

 

me

 

It was sent CMRRR.  Can I use this as documentation with the CRA's to remove the TL?  I suspect the Midland ignored my DV because it is past the SOL.

[admin]

It was sent CMRRR.  Can I use this as documentation with the CRA's to remove the TL?  I suspect the Midland ignored my DV because it is past the SOL.

@spacemandave - No you can not use it to send to the bureaus to remove.  I would however send a letter to them stating that they are trying to collect on zombie debts and this is illegal.  You can also try complaining to the state attorney generals office and cc Midland.  

[spacemandave]

I have just drafted a letter to Midland puting them on notice for TFC-392 based off @TomnTex example in the resources.  I thought I would get the clock started on that:

 

09/23/13

Subject: Account # xxxxxxxxxx

 

To Whom it May Concern

This letter is a formal complaint that you are reporting inaccurate credit information on my credit report. I deny the following debt in its entity:

 

Account # xxxxxxxx

 

I am very distressed that you have included the below information in my credit profile due to its damaging effects on my good credit standing. As you are no doubt aware, credit reporting laws ensure that bureaus report only accurate credit information. No doubt the inclusion of this inaccurate information is a mistake on either your or the reporting creditor's part. Because of the mistakes on my credit report, I have been wrongfully denied credit recently for an automobile loan, which was highly embarrassing and has negatively impacted my lifestyle.

As I am Texas resident, I will be using Texas Finance Code 392.202 to backup my dispute and I suggest that you adhere to its provisions. I will not hesitate to act if you disregard my rights or violate the Texas Laws ...

 

The rest of the body is from the example in the resources thread. 

 

One of the things that might be going on is that when Midland called me (from a call center in India is suspect) I kept on asking the person what was their intention on proceeding on action on this debt.  I knew it was past the SOL and I was trying to get them to threaten to sue me.  He finally said that he was going to put my response as a "Refusal to Pay".  I, in fact, have not said any such thing directly to them, but if it is in their records they may not be communicating with me.  Knowing how call centers work, I don't mind tying them up for a long time with no payout.  This one saw that there was no payday and punched the eject button, but may have made an assumption.

[admin]

@spacemandave - putting it down as "refusal to pay" means they won't contact you any more per the FDCPA.  

[spacemandave]

@admin - That's what I was thinking, but I did not tell them specifically RTP, those words never came out of my mouth.  If they refuse to respond to my inquiries and let deadlines pass, where does that put them legaly?

[admin]

@admin - That's what I was thinking, but I did not tell them specifically RTP, those words never came out of my mouth.  If they refuse to respond to my inquiries and let deadlines pass, where does that put them legaly?

@spacemandave - they just can't contact you.  

[TomnTex]

But, by citing the TFC as you did it will put more teeth into your letter. Always cite the TFC as a TX resident. It's worked for me and others.

[admin]

But, by citing the TFC as you did it will put more teeth into your letter. Always cite the TFC as a TX resident. It's worked for me and others.

Good point!

[spacemandave]

Well Midland has thrown in the towel!  Just received a letter today saying that they were deleting the TL from the big three.

[ArtVandelay]

Congrats! 

 

One down, one to go! 

[admin]

 congrats!