Just served papers. Lawsuit from Midland

[Robby8900]

1 minute ago, Yungskeeme said:

Midland is saying all of their information is correct and will mark the account as disputed. Attached the letter to dispute that midland sent me saying they would delete from my credit

I could be wrong, but it looks like the account will remain and on lt have a remark that the account is disputed by consumer, and the CRA won't delete it. Its like MCM put into the letter a message to the CRA  saying hey do as you wish with his account because the consumer has waived all rights to pursue you if you don't delete the account.

[BV80]

3 minutes ago, Robby8900 said:

I kind of had the same when i disputed an account with 'Jefferson Capital System'' who purchased a fingerhut account. JCS sent me a letter stating that they ceased all collection of the account and requested CRA's to delete the account. The CRA only deleted the collection account but left the OC account on my report. 

Jefferson Capital only had the authority to remove its own TL.  It could not authorize the removal of the OC’s TL.  Only the OC could do that.

[fisthardcheese]

8 hours ago, Yungskeeme said:

I submitted an online dispute with Equifax in June 1. Results came back 3 days ago. Said it’s not being removed. Kinda what I feared would happen.

I kind of figure that too if you are going to use the online dispute.

[Robby8900]

59 minutes ago, BV80 said:

Jefferson Capital only had the authority to remove its own TL.  It could not authorize the removal of the OC’s TL.  Only the OC could do that.

Even when JCS  purchased all rights and interest as the OC  through the bill of sale?

 

[Yungskeeme]

4 hours ago, fisthardcheese said:

I kind of figure that too if you are going to use the online dispute.

So you’re saying I should’ve sent a physical letter? Do you think it’s too late?

[fisthardcheese]

1 hour ago, Yungskeeme said:

So you’re saying I should’ve sent a physical letter? Do you think it’s too late?

It's never too late.  Sending a hard letter by CMRRR (and saving a copy of the letter you are sending BEFORE you seal it and send it) gives you the proof you need for a potential future lawsuit against Midland if they do not do the proper thing.

[BV80]

7 hours ago, Robby8900 said:

Even when JCS  purchased all rights and interest as the OC  through the bill of sale?

 

Yes.  JCS purchased the rights to the account, but it did not purchase the rights to the activities of the OC.   Just because JCS became the new owner doesn’t mean it can change what took place on the account before it was sold.   

In addition, credit reporting is a separate issue.  One business cannot tell the CRAs to change or delete what another business reports.

[Robby8900]

1 hour ago, BV80 said:

Yes.  JCS purchased the rights to the account, but it did not purchase the rights to the activities of the OC.   Just because JCS became the new owner doesn’t mean it can change what took place on the account before it was sold.   

In addition, credit reporting is a separate issue.  One business cannot tell the CRAs to change or delete what another business reports.

Ok good to know.

[Yungskeeme]

6 hours ago, fisthardcheese said:

It's never too late.  Sending a hard letter by CMRRR (and saving a copy of the letter you are sending BEFORE you seal it and send it) gives you the proof you need for a potential future lawsuit against Midland if they do not do the proper thing.

Ok thanks. I’ll start prepping my letter to the credit bureau.