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Good afternoon 

I disputed a MCM/Credit Ine on my Equifax CR several weeks ago. I received a letter today at my correct address with a copy of Credit One statement that was sent to a wrong address. The letter states they had received the disputed item from Equifax and ask what are you disputing?  Our records...

In reading another forum it states the shady tatitics MCM will go thru to collect a debt. The original Credit limit is/was Less than half of what they are saying I owe.  That being the case I do believe that I would have paid such a small amount. 

 

The forum states to file a claim in Small Claims Court for violating FDCPA and FCRA. It also says they will NOT accept a "pay to delete"  The Pay To Delete with an offer of 25% is something like $60 more than the court cost. It's such a small amount and is 4 years old. I just need it gone but DO NOT want a Small Claims suit backfire. A sample form from my county ask the amount I am suing for. What figures should i use if I decide to go this route. I just want it deleted. Not settled Deleted. 

Thanks for any advice or experience in dealing with them. 

M

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43 minutes ago, Petie1106 said:

I disputed a MCM/Credit Ine on my Equifax CR several weeks ago. I received a letter today at my correct address with a copy of Credit One statement that was sent to a wrong address. The letter states they had received the disputed item from Equifax and ask what are you disputing?

What were you disputing?  Are you saying you never had a Credit 1 account?

43 minutes ago, Petie1106 said:

The forum states to file a claim in Small Claims Court for violating FDCPA and FCRA. It also says they will NOT accept a "pay to delete"

Midland has a hard line stance against pay for delete.  Has had that for some time.  Before you go filing a frivolous lawsuit answer this:  did you ever have a Credit 1 account or are you saying this is not yours?  If the account is yours when did you last pay on it?  GA has a 6 year SOL and forcing this issue now could simply get you sued.  

47 minutes ago, Petie1106 said:

The forum states to file a claim in Small Claims Court for violating FDCPA and FCRA.

What FDCPA and FCRA violations are you alleging they committed.  You cannot just say they did it you have to be able to prove it.

45 minutes ago, Petie1106 said:

I just want it deleted. Not settled Deleted. 

If this is your debt it is not that simple.  Midland and the other major JDBs have cleaned up their act from the past and since getting smacked by the CFPB.  The days of forcing a deletion or settlement are over.  Wanting it gone is not enough. If they are reporting accurately then there is no magic method to remove it and a frivolous lawsuit could end up costing you more than the debt.

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22 hours ago, Petie1106 said:

Good afternoon 

I disputed a MCM/Credit Ine on my Equifax CR several weeks ago. I received a letter today at my correct address with a copy of Credit One statement that was sent to a wrong address. The letter states they had received the disputed item from Equifax and ask what are you disputing?  Our records...

In reading another forum it states the shady tatitics MCM will go thru to collect a debt. The original Credit limit is/was Less than half of what they are saying I owe.  That being the case I do believe that I would have paid such a small amount. 

 

The forum states to file a claim in Small Claims Court for violating FDCPA and FCRA. It also says they will NOT accept a "pay to delete"  The Pay To Delete with an offer of 25% is something like $60 more than the court cost. It's such a small amount and is 4 years old. I just need it gone but DO NOT want a Small Claims suit backfire. A sample form from my county ask the amount I am suing for. What figures should i use if I decide to go this route. I just want it deleted. Not settled Deleted. 

Thanks for any advice or experience in dealing with them. 

M

If this were me, I would ignore the letter from Midland.  The CRA is the one that must respond to your dispute. Wait to see if they remove the account or it remains.

It's a crap shoot suing midland in Small Claims court for any FDCPA violation. Small Claims judges are usually not very versed in those federal laws and if your goal is to avoid federal court, there is a chance Midland will just have the case moved to federal court anyway (to scare off a pro-se consumer).  If you have solid, provable violations against Midland, I would suggest either finding a consumer attorney who will sue them for you or suing in federal court yourself.

Again, if this were me, I would use the Credit One contract and file a case in JAMS arbitration against Midland and hope to get a settlement of a mutual release.

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