TexanNCali Posted August 22, 2013 Report Share Posted August 22, 2013 Midland Credit Management continues to do account reviews on at least my TU CR. The purpose of their review is listed as a collection. However, I do not have any collections on my CR. Approximately 5 months ago, a collection from Midland was deleted off of my TU CR. The collection was not validated or verified. I am not sure how the SOL (tolling) would work with this collection because I moved from TX to CA. I also was able to catch Midland in violation of several FCRA's and reported them to the CA Attorney General and FTC. Since then, Midland has sent 2 letters with payment options for an unrelated collection. This collection is not mine, does not appear on my CR’s, and according to Midland is out of the SOL. 6 days after I received the 2nd letter from Midland, they reviewed my account again. Is this legal? How can I stop Midland from reviewing my CR? Is Midlands review of my CR damaging my score? Regardless, a collection listed under account review doesn't look good. I would hate for the deleted collection to reappear on my CR's. I thought the bill had been paid, OC somewhat agreed but could not view a list of the charges...only the balance. Once I found out about the discrepancy, the OC had already sold the account and related documentation to the CA. Needless to say, it was a huge mess! Thanks for any advice or input. Link to comment Share on other sites More sharing options...
BTO429 Posted August 29, 2013 Report Share Posted August 29, 2013 The only way to find out if it is violating the fcra and or fdcpa is file a suit and let the judge decide. Since it is past the SOL send them a refusal to pay letter, if they still try to collect,,"c ya in court." All you need to do in the letter is state the account number your name and one statement I refuse to pay any portion of this debt nor will I pay it in full. Signed. Link to comment Share on other sites More sharing options...
BV80 Posted August 29, 2013 Report Share Posted August 29, 2013 The only way to find out if it is violating the fcra and or fdcpa is file a suit and let the judge decide. @BTO429 I absolutely disagree. In light of the Supreme Court's ruling in Marx v. General Revenue, it's dangerous to file suit in order to find out IF a statute was violated. @TexanNCali Is Midland making a hard or soft inquiry? In other words, is it an inquiry that's seen by others? A soft inquiry that's not seen by anyone but you doesn't affect your score. Link to comment Share on other sites More sharing options...
TexanNCali Posted September 6, 2013 Author Report Share Posted September 6, 2013 I will send a a CD letter to Midland. Today, I receieved a dunning letter for the collection that was deleted. I am sure it will be re-inserted soon. I am going to start a new topic in regards to that account. Thanks for your help. Link to comment Share on other sites More sharing options...
1stStep Posted September 8, 2013 Report Share Posted September 8, 2013 Send a DV for that dunning letter - then buckle down - you may have to meet in court at some point. Link to comment Share on other sites More sharing options...
TexanNCali Posted September 8, 2013 Author Report Share Posted September 8, 2013 I don't think what I received was a dunning letter. It's more like a settlement offer which includes debt validation. They've included OC, original account number, balance, and a offer to pay less. I've been advised to ignore the letter as the collection is still within the SOL. Link to comment Share on other sites More sharing options...
admin Posted September 10, 2013 Report Share Posted September 10, 2013 I've been advised to ignore the letter as the collection is still within the SOL.@TexanNCali - might be a good idea. Link to comment Share on other sites More sharing options...
TexanNCali Posted September 10, 2013 Author Report Share Posted September 10, 2013 @BV80 As of that credit report, the inquiries were soft. Link to comment Share on other sites More sharing options...
BV80 Posted September 10, 2013 Report Share Posted September 10, 2013 @TexanNCali Debt collection is a permissble purpose to pull a CR. Since Midland's inquiries are soft, not seen by anyone but you, and have no effect on your score, I'd worry about more important issues. Keep track of your CR just in case that deleted entry is reinserted. 1 Link to comment Share on other sites More sharing options...
TexanNCali Posted September 10, 2013 Author Report Share Posted September 10, 2013 @BV80 Will do. Thanks! Link to comment Share on other sites More sharing options...
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