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Dealing with Midland


Mantis Knight
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I'm currently dealing with Midland on 3 accounts. All three are outside SOL and two are already have trade lines on my credit report.

 

I requested Debt validation on all 3 and received a reply containing the standard information.

I have disputed the two that are on my reports and they have come back as "validated" and will be listed as "disputed".

I requested the Method of Verification from the CRA and I am waiting on that report.

I have filed a BBB, FTC, and State Attorney general dispute against all three accounts.

 

I received an initial response from the FTC dispute that contains a mistake that highlights the fact that Midland employees do not actually read what they sign. (At the end of the letter the person the letter is directed at is suddenly not me)

 

At this point I am not sure of the direction I should take.  Some posts indicate that a 623 letters sent to Midland would be appropriate, while other indicate that an intent to sue should be drafted listing FCRA violations. Mostly over how they are communicating information. Some of which do not have case law backing them, but would force Midland to defend them.

 

I am running against a deadline. These three items are blocking me from a Job and I need to have some movement by the end of January.

 

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The reference from the FTC Employee is probably talking about Vassalle v. Midland Funding. This was a class action lawsuit concerning employees signing 200-400 affidavits a day without knowledge of what they were signing. 

 

Unfortunately this will not apply to you unless you are sued. Considering the SOL has expired I don't see Midland suing you. 

 

I'm not sure what your next step should be. It is important that you get these removed because they can be reported beyond 7 years. The time limit may be extended when you apply for certain jobs and some higher limit credit lines. 

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@ArtVandelay

The reference from the FTC Employee is probably talking about Vassalle v. Midland Funding. This was a class action lawsuit concerning employees signing 200-400 affidavits a day without knowledge of what they were signing. 

 

Misunderstanding. The letter from Midland signed by a Corporate counsel, legal affairs and compliance officer has my name at the start of the letter. Then has three paragraphs for the three accounts. At the end of the letter where they claim to need "additional time to full investigate and respond" the letter suddenly has a completely different persons name.

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How can they be reported beyond 7 years?

 

While the information is deleted after 7 years it still remains in the CB's files. I read a while back where this may be purged after 9 years, but what I keep coming across is this. 

 

Even though the credit reporting company usually won’t report this negative information after the seven year limit, they still may keep your information on file, and there are certain instances where they will report it. These time limits on reporting negative information do not apply if the credit report will be used in connection with:

 

  • Your application for a job that pays more than $75,000 a year.
  • Your application for more than $150,000 worth of credit or life insurance.

I'm hoping this is something that is not used that often, but nothing is guaranteed. This is why it is important to do whatever is necessary to get the trade lines deleted by whoever put them there. According to the FCRA, FTC, etc if they just fall off after 7 years they can still show up in the future. 

 

http://www.consumerfinance.gov/askcfpb/323/how-long-does-negative-information-remain-on-my-credit-report.html

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