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Posted

Hi folks. I'm new to the board. I have done lots of reading all over the internet in regards to DV and Midland Credit.

 

I looked at my credit report back in September 2012 and noticed that Midland was on my credit report 2 times for different accounts. These accounts, I have never had them and no nothing about them. They were marked as being 120 days late! mind you, I have never heard from Midland until I saw my credit report.

 

I disputed this information and sent Midland a Debt Validation (pasted below) asking for information. It was sent with CMRRR on September 21 and received September 23. I never signed it because I don't trust them.

 

Regarding: Account Numbers per Credit Report: 853992**** and 854052****

 

 

 

To Collection Agency Manager:

 

 

 

I'm writing you in regards to two accounts on my credit report(s) you claim I owe. Since I'm unaware of this debt and its origin, I'd like to formally request validation of this alleged debt. To be clear, I am unaware of this debt and according to the FDCPA, I'm disputing this alleged claim and need complete, irrefutable evidence that these accounts are legitimately mine and that these claims are legally yours, you are legally allowed to collect on them, as well as report them to the credit reporting bureaus.

 

 

 

I would need, at a minimum, the following information:

 

 

 

· Proof I agreed to this debt with my signature(s)

 

· Proof the amount you are claiming is correct and legal, which will require all statements and payment history from the original creditor

 

· Proof this account is within the Statute of Limitations and has not expired

 

· Proof you are the owner of this account, which will require the contract and terms between you and the original creditor

 

· Proof you are legally licensed (bonded and insured if applicable) to collect this debit in my state

 

· For verification purposes, I will need your business license number(s)

 

 

 

I am sure you are aware if you are unable to provide these few basic facts, you are in violation of the FCRA and FDCPA, as well as potential state and local laws. That being said, if you cannot provide this basic information, and continue to report this unverified, non-validated debt, I will pursue this legally for the following reasons:

 

 

 

· Defamation of Character

 

· Violating the Fair Credit Reporting Act

 

· Violating the Fair Debt Collection Practices Act

 

 

 

Until this debt is validated, if even possible to validate, I expect the above accounts be removed from all credit reporting agencies, since it is unverified and has not been validated. After seeing my credit report today, you appear on my credit report numerous times and state that for both accounts stated above that I am 120 days past due. How can that be when I have never heard from you? I request that all of your credit inquiries including the 120 days past due be deleted from my credit report immediately. If you continue to report this unverified, non-validated debt, I will be seeking legal counsel over this matter. We are both aware a debt that has not and may not be validated cannot be reported as accurate information within my credit file(s). Please remove all references regarding this debt from all reporting agencies until you can provide irrefutable evidence this debt is legitimate and you are legally allowed to collect on it as the owner of this debt.

 

 

 

If you are unable to provide the proof I requested within 30 days of receipt of this notice, please remove and/or continue not reporting this account from all reporting agencies, which is mandated under federal law.

 

 

 

Until the above request for irrefutable evidence about this account is sent to me, please cease and desist all further future attempts to collect on this debt. This includes no phone calls to my home phone number, no calls to my place of work, and no calls to my mobile phone. All further future attempts to collect on this unverified debt by phone must cease and desist until it is validated, if it is even possible to validate. All communication from this point forward must be done via mail! I would also like to warn you and your company that I may, and likely will, use devices to track and/or record any further, future attempts by you or your company to contact me by phone. Please understand, all future phone calls made by or from your company, whether answered or unanswered, may be tracked and recorded. I may also use this information, if needed, to help prosecute you and your company to the fullest extent of the law.

 

 

 

This is an attempt to collect information and/or correct the record. Any and all information collected shall be used for that purpose.

 

 

 

Thanks

 

 

 

 

 

 

 

Typed my name here

 

 

 

 

 

 

 

 

On October 9, I received their response to the two accounts:

 

(Dated October 3, received October 9)

Purpose of this letter is to advise you that you did not provide sufficient information to investigate your dispute of the credit reporting of your above referenced acount pursuant to the FCRA.

In order to investigate your dispute, we need detailed information to identify the basis of your dispute including a complete explanation of your dispute. Further, we need a copy of any documentation you may have to support your dispute. In the interim, we have requested that the three major credit bureaus change the status of this account to Disputed.

Examples of such documentation include the following:

1. paid in full or account settled

2. Fraud or Identity Theft

3. Balance discrepancy

 

Please send the above information to:

 

 

 

Now, aren't they supposed to send me the information I asked for to validate this so called debt that I know nothing about?

Also, on October 10, I received a collection letter from them.

What can I do now? I would never supply them info and I know I don't have info to give them plus I never had these accounts.

Any help would be appreciated.

Thanks


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Posted

when you send a letter to the address midland has on your credit report, that's the credit reporting office/dept. - not the Collection Dept.

 

this letter. ( slightly modified below )

 

http://creditboards.com/forums/index.php?showtopic=500226

 

 

 

REAccount # _______________________

 

 

 

Dear Midland Credit Managment,

 

in reponse to your letter of xx-xx-xxx, asking me for more information regarding the nature of my FCRA dispute, Let me state that I sent a dispute and request for validation pursuant to the FDCPA.

 

if this letter is going to the wrong dept in your agency - please forward it to the correct one - All I have for your firm is the address as listed on my credit report

 

I have never been otherwise contacted by your firm regarding this account - furthermore, you obviously have access to my location information via this Credit reporting agency, and since the address listed is current and correct there's no reason that you shouldn't have contacted me.

 

As all credit reporting by a Debt collector is considered a "communication in regards to collection" and, reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, I am treating this reporting of an unknown debt as intial contact pursuant to section 15 USC 1692g(a)

 

Your firm has failed to supply me a written notice within five days after the initial communication ( which is 5 days after you reported this account ) stating the following;

 

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector.

 

Please note that this letter revolves around the FDCPA , not the FCRA .

 

As the Account # is abbreivated, I don't know what account this is concerning, or if this is even an obligation of mine. I don't recognize it.

 

Please provide

 

1.) Please provide the date the account was charged off or defaulted, please provide the account # and what type of account or loan it was.

 

2.) Please provide the full name, SS # and addresses associated with the account

 

3) Please provide a full explaintation of how your firm arrived at the amount due - principal, fees, charges interest.

 

Please note that under the FDCPA, you not only have to verify the amount owed and the original creditor,

 

but you also have to verify that you are collecting from the correct person

 

Please don't send form letters asking me for more information, I've advised you the nature of my dispute under the FDCPA ; You're the ones claiming I owe this and reporting it without notifying me, and this is a reasonable request for information.

Posted

Thanks for your reply with the added letter to use. I just finished putting it together and am mailing it today.

 

I do have a question.

 

The response that I did receive from Midland (about supplying them with info from me,) was dated 10-3-2012. I received it 10-9-2012.

 

Now, The same day, I received a collection letter for the first time from Midland for one of the two accounts that I disputed and asked for validation. This collection letter was dated 10-5 and I received it 10-9-2012.

 

Since I disputed the two accounts that I know are not mine, they asked me for validation, and they sent me a collection notice for the first time, is that grounds for a violation?

 

Thanks

Posted

It's not the grounds, it is a violation. Now, consider this. From what I've seen,filing a complaint with BBB works very good with Midland. Be prepared to send hand singed letter to BBB, don't be afraid. They will not later use your signature against you. If you don't, the only option is to sue midland. You already have them on FDCPA violation, there is no point of waiting. You can write letters to them, nothing will change. Find an attorney and go after them. Do not waste your time.

Posted

Thanks for your reply with the added letter to use. I just finished putting it together and am mailing it today.

 

I do have a question.

 

The response that I did receive from Midland (about supplying them with info from me,) was dated 10-3-2012. I received it 10-9-2012.

 

Now, The same day, I received a collection letter for the first time from Midland for one of the two accounts that I disputed and asked for validation. This collection letter was dated 10-5 and I received it 10-9-2012.

 

Since I disputed the two accounts that I know are not mine, they asked me for validation, and they sent me a collection notice for the first time, is that grounds for a violation?

 

Thanks

 

 

it's difficult trying to separate the FCRA from the FDCPA and tie the two together. ( gets real technical, legally... )

 

just keep it all for a paper trail, and send a copy of the letter to both addresses -

 

reply to the letter asking for more information, with above,

 

respond to the Collection letter with this.

 

http://creditboards.com/forums/index.php?showtopic=484594

Posted

I agree that you should have a consumer attorney take a look at this, they responded to a request that you initiated from information on your credit report,

 

take a look at the definition of communication in the FDCPA but I'd be concerned about sending them any information, especially anything they could use against you in a lawsuit

 

If they have sent you a new dunning letter with the 30 day dispute notice I'd send a DV to the address on that letter (after checking with an attorney)

Posted

Seeking an lawyer sounds like a good idea to me.I appreciate everyones input. I've never been in this situation.

 

Last night, Sunday October 14, guess who posted yet another debt on my credit report. Another entry for something I have never heard of before - Credit One Bank? These people are crazy! From everything I've read, I guess Midland likes to make up fake accounts.

 

Like in my first post, these salamanders have never contacted me, just posted yet another bogus account on my credit report. I'm really going to go after them. Does anyone think I should go ahead and ask for validation just for my records so when I go after them, I'll have something (paper trail) showing that they have nothing? If I do send them a validation letter, should I use the same one I posted in my first post but add:

 

Please don't send form letters asking me for more information, I've advised you the nature of my dispute under the FDCPA ; You're the ones claiming I owe this and reporting it without notifying me, and this is a reasonable request for information.

Posted

Seeking an lawyer sounds like a good idea to me.I appreciate everyones input. I've never been in this situation.

 

Last night, Sunday October 14, guess who posted yet another debt on my credit report. Another entry for something I have never heard of before - Credit One Bank? These people are crazy! From everything I've read, I guess Midland likes to make up fake accounts.

 

Like in my first post, these salamanders have never contacted me, just posted yet another bogus account on my credit report. I'm really going to go after them. Does anyone think I should go ahead and ask for validation just for my records so when I go after them, I'll have something (paper trail) showing that they have nothing? If I do send them a validation letter, should I use the same one I posted in my first post but add:

 

Please don't send form letters asking me for more information, I've advised you the nature of my dispute under the FDCPA ; You're the ones claiming I owe this and reporting it without notifying me, and this is a reasonable request for information.

 

 

did I ever give you a link to this thread? you need to read this - about Midland trying to collect from the wrong person - which went to federal court.

 

 

http://creditboards....howtopic=448260

 

 

respond to each letter you get from Midland,

 

yes, do that, and send another unknown debt letter to midland.

 

 

If you have never had accounts with any of the Original creditors listed, you need to mention that in your letters to midland - and that they obviously have you mixed up with someone else

 

 

you also need to file written disputes with the CRA's for all the accounts Midland is reporting as yours - and state the same thing - but don't use the words " not mine"

 

 

 

Dear CRA name.

 

 

Please deleted these Items as reported by Midland.(Credit management? ) MIdland has possibly confused me with someone else who has the same name.

 

On the following accounts Midland has listed an Original Creditor that I have never had an account with , If you would please check my past records, you will not find corresponding charged off accounts with these lenders

 

 

(List out the accounts exactly the way it is on your report)

 

.

.

.

.

.

Please review my past credit files to confirm that the Original creditor listed above has never reported these accounts to my credit files , MIdland has me confused with someone who has the same name.

 

 

with any FCRA violation, you only have an private right to action if you dispute thru the CRA"s and the CRA notifies Midland. Dispute everything with the CRA's

 

 

and if midland verifies this information to the CRA's in light of your FACTUAL disputes, then you can sue.

 

 

but you have to do more that just write a letter stating that " i dispute this" - you have to give them some FACTUAL disputes.

 

- I've never had an account with this Creditor, never lived at those addresses, that is not my SS #, my SS # ends in 1234, not 1456, etc. etc, etc.

 

 

the more letters you send, disputing with the CRA's and asking midland for information, the better off you will be -

 

 

From all the cases I've read, Fed Courts are more apt to decide in your favor and grant damages when you have done everything a reasonable person can do to resolve the issue before filing suit.

 

the judges like the innocent underdog in FDCPA/FCRA violations.

 

and No I"m not a lawyer .

Posted

Thanks for everyone's responses.

 

I actually pulled another copy of my credit report and guess what....Any ideas?

 

The first time I sent my validation-dispute letter to Midland, they responded with asking me for more proof to validate my dispute and wrote that they told the credit agencies that this debt was "Disputed". When I looked today, the account is still on my report, not mark disputed, and now there are more inquiries from Midland on my credit report that I never saw before! The inquiries are for three accounts that I have 0 knowledge of and are on the report two times each!! They are as follows....

 

Account: 853992****

Trans:

midlund fund

Account Status: open

Account Type: collection

opened: 5-26-11

last reported: 9-16-2012

balance: $2677

 

Equifax:

midlundmcm

Account Status: open

Account Type: open account

opened: 5-01-11

last reported: 9-01-2012

balance: $2677

past due: $2677

 

Experian

midlund funding

Account Status: closed

Account Type: collection

opened: 5-01-11

last reported: 9-15-2012

balance: $2677

 

Account 855243****<

Trans:

midlund fund

Account Status: open

Account Type: collection

opened: 7-13-12

last reported: 9-16-2012

balance: $1222

 

Equifax:

midlundmcm

Account Status: open

Account Type: open account

opened: 7-01-11

last reported: 9-01-2012

balance: $1222

past due: $1222

 

Experian

midlund funding

Account Status: closed

Account Type: collection

opened: 7-01-11

last reported: 9-15-2012

balance: $1222

 

Account 854052****

Trans:

midlund fund

Account Status: open

Account Type: collection

opened:6-23-11

last reported: 9-16-2012

balance: $1320

 

Equifax:

midlundmcm

Account Status: open

Account Type: open account

opened: 6-01-11

last reported: 9-01-2012

balance: $1320

past due: $1320

 

Experian

midlund funding

Account Status: closed

Account Type: collection

opened: 6-01-11

last reported: 9-15-2012

balance: $1320

 

 

Account: 853992****

Trans:

midlund fund

Account Status: open

Account Type: collection

opened: 5-26-11

last reported: 9-16-2012

balance: $2677

 

Equifax:

midlundmcm

Account Status: open

Account Type: open account

opened: 5-01-11

last reported: 9-01-2012

balance: $2677

past due: $2677

 

Experian

midlund funding

Account Status: closed

Account Type: collection

opened: 5-01-11

last reported: 9-15-2012

balance: $2677

 

Account 855243****<

Trans:

midlund fund

Account Status: open

Account Type: collection

opened: 7-13-12

last reported: 9-16-2012

balance: $1222

 

Equifax:

midlundmcm

Account Status: open

Account Type: open account

opened: 7-01-11

last reported: 9-01-2012

balance: $1222

past due: $1222

 

Experian

midlund funding

Account Status: closed

Account Type: collection

opened: 7-01-11

last reported: 9-15-2012

balance: $1222

 

Account 854052****

Trans:

midlund fund

Account Status: open

Account Type: collection

opened:6-23-11

last reported: 9-16-2012

balance: $1320

 

Equifax:

midlundmcm

Account Status: open

Account Type: open account

opened: 6-01-11

last reported: 9-01-2012

balance: $1320

past due: $1320

 

Experian

midlund funding

Account Status: closed

Account Type: collection

opened: 6-01-11

last reported: 9-15-2012

balance: $1320

 

That's how they are listed on my credit report. Each fake account is listed twice!!!!! What kind of letter can I send to the Credit Bureau?

Posted

 

 

That's how they are listed on my credit report. Each fake account is listed twice!!!!! What kind of letter can I send to the Credit Bureau?

 

dispute it all as duplicates, does Midland list the OC name?

 

aks sthem to verify the SS # on each account with midland - dispute it as "Similar name" -

Posted

The way I typed the info above is how it is listed on my credit report. Midland doesn't show an original creditor. I have no clue as to what it's about. I just sent off a dispute to them for the third account that just showed up. I added to my previous dispute letter: "Please don't send form letters asking me for more information."

 

I'm tired of these salamanders trying to destroy innocent people's credit. All that should be on my report, which are listed, are my car payment, ge money and the cell phone bill. Those are there and are of course reported correctly. But Midland????? For what??

 

Any good dispute letters anywhere that I could use to send to the Credit Bureau's?

Posted

Well, try a modified **** method it ought to be good for something,,,,,

 

 

 

 

CRA name.

 

 

RE' Midland accounts on my report # __________________

 

 

Dear CRA

 

 

the following accounts by midland appear on my credit reports, but do not list the original creditor name, so I have no Idea what these accounts are about.

 

( list out the exact reporting to only the CRA you are sending this too. as you have done above)

 

these accounts are being reported by a Debt Puchaser, but are missing important information pursuant to the FCRA.

 

please provide the OC name,the original account # and the Date of First delinquency on the original accounts

 

If there is no matching reporting of the same account from the original creditor that Midland claims to have purchased these from, then delete Mildlands accounts.

 

I have disputed and requested this information from Midland previously, and they have not replied with any of this information.

 

I believe these midland accounts belong to someone else with a similar name. Please check the Social security number associated with each account listed.

Posted

I successfully got Midland removed using BBB and AG (both my state and theirs). They fought pretty hard but I stayed on top of all their replies and finally they gave up and agreed to delete. I didnt trust them to delete so I sent copies of their messages saying they would delete to the CRA's and the tradlines were deleted from my file. Stay on top of them and eventually they will give in!

Posted

As I postedabove about three accounts being opened under my name with Midland, for which Ihave no clue as to any of the accounts, I sent them a dispute for all three,two came back the first time asking me for more info in which I sent them asecond validation, and still no validation of those two, and now a third account(in question here) in which it is 100% not mine. The name on the envelope saidCHRISTAIN PORTER, my name is Christopher Porter. For the validation, they sentme a photocopy of a final statement that has the name: Christain Porter with anaddress in Ohio. Of course, this is not mine!!!! The name is not me and I havenever lived in Ohio. I’ve lived in California my whole life.

 

 

Here is the letter I wrote for the thord account:

Chris Porter

13615 Agate Way

 

Victorville, CA 92392

 

 

Midland Funding (MCM)

8875 Aero Drive, Suite 200

San Diego, CA 92123

 

 

October 18, 2012

 

 

Regarding: Account Number per Credit Report: 855243****

 

 

To CollectionAgency Manager:

 

 

I'm writing you in regards to an account on my credit report(s) you claim Iowe. Since I'm unaware of this debt and its origin, I'd like to formallyrequest validation of this alleged debt. To be clear, I am unaware of this debt and according tothe FDCPA, I'm disputingthis alleged claim and need complete, irrefutable evidence that theaccount is legitimately mine and that this claim is legally yours, you arelegally allowed to collect on it, as well as report it to the credit reportingbureaus.

 

 

I would need,at a minimum, the following information:

 

 

· Proof I agreed to this debt with my signature(s)

 

· Proof the amount you are claiming is correct and legal,which will require all statements and payment history from the originalcreditor

 

· Proof you are the owner of this account, which willrequire the contract and terms between you and the original creditor

 

· Proof you are legally licensed (bonded and insured if applicable)to collect this debt in my state

 

· For verification purposes, I will need your businesslicense number(s)

 

 

I am sure you are aware if you are unable to provide these few basic facts,you are in violation of the FCRA and FDCPA, as well as potential state andlocal laws. That being said, if you cannot provide this basic information, andcontinue to report this unverified, non-validated debt, I will pursue thislegally for the following reasons:

 

 

· Defamation of Character

 

· Violating the Fair Credit Reporting Act

 

· Violating the Fair Debt Collection Practices Act

 

 

Until this debt is validated, if even possible to validate, I expect theabove accounts be removed from all credit reporting agencies, since it isunverified and has not been validated. After seeing my credit report today, youappear on my credit report numerous times and state that I am 120 days pastdue. How can that be when I have never heard from you? I request that all ofyour credit inquiries including the 120 days past due be deleted from my creditreport immediately. If you continue to report this unverified, non-validateddebt, I will be seeking legal counsel over this matter. We are both aware adebt that has not and may not be validated cannot be reported as accurateinformation within my credit file(s). Please remove all references regarding thisdebt from all reporting agencies until you can provide irrefutable evidencethis debt is legitimate and you are legally allowed to collect on it as theowner of this debt.

 

 

If you are unable to provide the proof I requested within 30 days ofreceipt of this notice, please remove and/or continue not reporting thisaccount from all reporting agencies, which is mandated under federal law.

 

 

Until the above request for irrefutable evidence about this account is sentto me, please cease and desist all further future attempts to collect on thisdebt. This includes no phone calls to my home phone number, no calls to myplace of work, and no calls to my mobile phone. All further future attempts tocollect on this unverified debt by phone must cease and desist until it isvalidated, if it is even possible to validate. All communication from thispoint forward must be done via mail! I would also like to warn you and yourcompany that I may, and likely will, use devices to track and/or record anyfurther, future attempts by you or your company to contact me by phone. Pleaseunderstand, all future phone calls made by or from your company, whetheranswered or unanswered, may be tracked and recorded. I may also use thisinformation, if needed, to help prosecute you and your company to the fullestextent of the law.

 

 

Please don't send formletters asking me for more information, I've advised you the nature of my dispute under theFDCPA; you’re the ones claiming I owe this and reporting it without notifyingme, and this is a reasonable request for information. This is anattempt to collect information and/or correct the record. Any and allinformation collected shall be used for that purpose.

 

 

Respectfully,

 

 

 

(did not sign it)

 

Chris Porter

 

This is whatMidland wrote to me. It also came with the last bill for the person inquestion.

 

DearCHRISTAIN PORTER

 

The purposeof this letter is to advise you of the results of our investigation of yourdispute of the credit reporting of your above referenced account pursuant tothe Fair Credit Reporting Act.

 

Please beadvised that we have determined that our credit reporting of the abovereferenced account is accurate or we have updated it with the three majorcredit bureaus to make it accurate. Please note that it typically takes 30-45days for the credit reporting agency to update your account. Further, we will continueto request that the three major credit bureaus list the status of this accountas “disputed.”

 

If you haveany additional documentation or information regarding your dispute, please sendit to:

 

 

Attention: ConsumerSupport Services

 

P.O. BOX939069

 

San Diego,CA 92193

 

 

We can bereached at 800-825-8131 Ext.32980 should you have any further questions. In themeantime, we have requested that the three major credit bureaus change thestatus of this account to “Disputed.” As requested by you, we will no longer becontacting you regarding this account by phone or mail unless it is to furtherrespond to a dispute by you under the Fair Credit Reporting Act.

 

 

 

What kind ofletter should I send to Midland and to the credit reporting agencies? Anyletters would really help!!!!!!

 

 

 

Posted

this is what you really need to tell them

 

Dear Midland -

 

i'ts really obvious you have the wrong person

 

The name on the envelope said CHRISTAIN PORTER, my name is Christopher Porter. For the validation, you sent me a photocopy of a final statement that has the name: Christain Porter with an address in Ohio. Of course, this is not mine!!!! The name is not mine and I have never lived in Ohio. I’ve lived in California my whole life.

 

you have palced this man's accounts on my credit reports - and if these are not deleted, I will turn this matter over to an attorney for legal action.

 

if you don't know what I mean by that, ask your supervisor for a copy of Casa v. Midland Credit management , SD, CA

 

 

 

regards.

 

 

Posted

I need help again!!!1

 

Question.....In my previous posts, I talked about Midland

claiming they had 2 accounts on me.(now there's a third and wrong info). I sent

a Dispute-Validation letter. I received a letter asking me to supply them

proof.

 

 

My response to that was:

 

 

 

*2nd Dispute-Validation Letter*

 

 

 

 

Chris Porter

 

13615 Agate Way

 

 

Victorville, CA 92392

 

 

 

 

Midland Funding (MCM)

 

8875 Aero Drive,Suite 200

 

San Diego, CA 92123

 

 

 

 

October 19, 2012

 

 

 

 

Regarding: Account Number per Credit Report: 854052****

 

 

Dear Midland Credit Management,

 

 

In response to your letter dated October 5, 2012 asking mefor more information regarding the nature of my FCRA dispute, let me state thatI sent a dispute and request for validation pursuant to the FDCPA.

 

 

As all credit reporting by a Debt collector is considered a"communication in regards to collection" and, reporting a charged-offdebt to a consumer reporting agency, particularly at this stage of thecollection process, constitutes "collection activity" on the part ofthe collector, I am treating this reporting of an unknown debt as initialcontact pursuant to section 15 USC 1692g(a).

 

 

Your firm has failed to supply me a written notice withinfive days after the initial communication (which is 5 days after you reportedthis account) stating the following:

 

 

(1) the amount of the debt;

 

(2) the name of thecreditor to whom the debt is owed;

 

(3) a statement thatunless the consumer, within thirty days after receipt of the notice, disputesthe validity of the debt, or any portion thereof, the debt will be assumed tobe valid by the debt collector.

 

 

As the Account # is abbreviated, I don't know what accountthis is concerning, or if this is even an obligation of mine. I don't recognizeit.

 

 

Please provide:

 

 

· Pleaseprovide the date the account was charged off or defaulted

 

 

· Pleaseprovide the account # and what type of account or loan it was

 

 

· Proof Iagreed to this debt with my signature(s)

 

 

· Proof theamount you are claiming is correct and legal, which will require all statementsand payment history from the original creditor

 

 

· Proof youare the owner of this account, which will require the contract and termsbetween you and the original creditor

 

 

· Proof youare legally licensed (bonded and insured if applicable) to collect this debt inmy state

 

 

· Forverification purposes, I will need your business license number(s)

 

 

 

 

Until this debt is validated, if even possible to validate,I expect the above account be removed from all credit reporting agencies, sinceit is unverified and has not been validated. After seeing my credit reporttoday, you appear on my credit report numerous times (this account twice) andstate that for this account stated above that I am 120 days past due. How canthat be when I have never heard from you? I request that all of your creditinquiries including the 120 days past due and the double entry that you postedon my credit report for this account be deleted from my credit reportimmediately. If you continue to report this unverified, non-validated debt, Iwill be seeking legal counsel over this matter. We are both aware a debt thathas not and may not be validated cannot be reported as accurate informationwithin my credit file(s). Please remove all references regarding this debt fromall reporting agencies until you can provide irrefutable evidence this debt islegitimate and you are legally allowed to collect on it as the owner of thisdebt.

 

 

 

 

If you are unable to provide the proof I requested now forthe second time within 15 days of receipt of this notice, please remove and/orcontinue not reporting this account from all reporting agencies, which ismandated under federal law.

 

 

 

 

Until the above request for irrefutable evidence about thisaccount is sent to me, please cease and desist all further future attempts tocollect on this debt. This includes no phone calls to my home phone number, nocalls to my place of work, and no calls to my mobile phone. All further futureattempts to collect on this unverified debt by phone must cease and desistuntil it is validated, if it is even possible to validate. All communicationfrom this point forward must be done via mail! I would also like to warn youand your company that I may, and likely will, use devices to track and/orrecord any further, future attempts by you or your company to contact me byphone. Please understand, all future phone calls made by or from your company,whether answered or unanswered, may be tracked and recorded. I may also usethis information, if needed, to help prosecute you and your company to thefullest extent of the law.

 

 

 

 

Please don't send form letters asking me for moreinformation. I've advised you of the nature of my dispute under the FDCPA.You're the ones claiming I owe this and reporting it without notifying me, andthis is a reasonable request for information.

 

 

This is an attempt to collect information and/or correct therecord. Any and all information collected shall be used for that purpose.Please note that this letter revolves around the FDCPA, not the FCRA.

 

 

Thanks

 

 

 

 

 

 

Chris Porter

 

 

 

 

Now...today, I received a letter again:

 

(Dated October 26, received November 1)

Purpose of this letter is to advise you that you did not provide sufficient informationto investigate your dispute of the credit reporting of your above referenced accountpursuant to the FCRA.

In order to investigate your dispute, we need detailed information to identifythe basis of your dispute including a complete explanation of your dispute.Further, we need a copy of any documentation you may have to support yourdispute. In the interim, we have requested that the three major credit bureauschange the status of this account to Disputed.

Examples of such documentation include the following:

1. paid in full or account settled

2. Fraud or Identity Theft

3. Balance discrepancy

 

Please send the above information to:

 

Their address.

 

 

 

What do I do now?? This is the second time I have DV-Disputed them and the second time they want me to show them proof thatI don't have becasue I don't have proof on accounts that I clearly never had.

 

<br style="mso-special-character: line-break;"><br style="mso-special-character: line-break;">

Posted

THIS POST IS IN REGARDS TO MY FIRST POST ON THE TOP OF THE PAGE IN REGARDS TO THE 1ST TWO ACCOUNTS THAT I FOUND ON MY CREDIT REPORT.

I need help again!!!

 

Question.....In my previous posts, I talked about Midland

claiming they had 2 accounts on me.(now there's a third and wrong info). I sent

a Dispute-Validation letter. I received a letter asking me to supply them

proof.

 

 

My response to that was:

 

 

 

 

*2nd Dispute-Validation Letter*

 

 

 

 

Chris Porter

 

13615 Agate Way

 

 

Victorville, CA 92392

 

 

 

 

Midland Funding (MCM)

 

8875 Aero Drive,Suite 200

 

San Diego, CA 92123

 

 

 

 

October 19, 2012

 

 

 

 

Regarding: Account Number per Credit Report: 854052****

 

 

Dear Midland Credit Management,

 

 

In response to your letter dated October 5, 2012 asking mefor more information regarding the nature of my FCRA dispute, let me state thatI sent a dispute and request for validation pursuant to the FDCPA.

 

 

As all credit reporting by a Debt collector is considered a"communication in regards to collection" and, reporting a charged-offdebt to a consumer reporting agency, particularly at this stage of thecollection process, constitutes "collection activity" on the part ofthe collector, I am treating this reporting of an unknown debt as initialcontact pursuant to section 15 USC 1692g(a).

 

 

Your firm has failed to supply me a written notice withinfive days after the initial communication (which is 5 days after you reportedthis account) stating the following:

 

 

(1) the amount of the debt;

 

(2) the name of thecreditor to whom the debt is owed;

 

(3) a statement thatunless the consumer, within thirty days after receipt of the notice, disputesthe validity of the debt, or any portion thereof, the debt will be assumed tobe valid by the debt collector.

 

 

As the Account # is abbreviated, I don't know what accountthis is concerning, or if this is even an obligation of mine. I don't recognizeit.

 

 

Please provide:

 

 

· Pleaseprovide the date the account was charged off or defaulted

 

 

· Pleaseprovide the account # and what type of account or loan it was

 

 

· Proof Iagreed to this debt with my signature(s)

 

 

· Proof theamount you are claiming is correct and legal, which will require all statementsand payment history from the original creditor

 

 

· Proof youare the owner of this account, which will require the contract and termsbetween you and the original creditor

 

 

· Proof youare legally licensed (bonded and insured if applicable) to collect this debt inmy state

 

 

· Forverification purposes, I will need your business license number(s)

 

 

 

 

Until this debt is validated, if even possible to validate,I expect the above account be removed from all credit reporting agencies, sinceit is unverified and has not been validated. After seeing my credit reporttoday, you appear on my credit report numerous times (this account twice) andstate that for this account stated above that I am 120 days past due. How canthat be when I have never heard from you? I request that all of your creditinquiries including the 120 days past due and the double entry that you postedon my credit report for this account be deleted from my credit reportimmediately. If you continue to report this unverified, non-validated debt, Iwill be seeking legal counsel over this matter. We are both aware a debt thathas not and may not be validated cannot be reported as accurate informationwithin my credit file(s). Please remove all references regarding this debt fromall reporting agencies until you can provide irrefutable evidence this debt islegitimate and you are legally allowed to collect on it as the owner of thisdebt.

 

 

 

 

If you are unable to provide the proof I requested now forthe second time within 15 days of receipt of this notice, please remove and/orcontinue not reporting this account from all reporting agencies, which ismandated under federal law.

 

 

 

 

Until the above request for irrefutable evidence about thisaccount is sent to me, please cease and desist all further future attempts tocollect on this debt. This includes no phone calls to my home phone number, nocalls to my place of work, and no calls to my mobile phone. All further futureattempts to collect on this unverified debt by phone must cease and desistuntil it is validated, if it is even possible to validate. All communicationfrom this point forward must be done via mail! I would also like to warn youand your company that I may, and likely will, use devices to track and/orrecord any further, future attempts by you or your company to contact me byphone. Please understand, all future phone calls made by or from your company,whether answered or unanswered, may be tracked and recorded. I may also usethis information, if needed, to help prosecute you and your company to thefullest extent of the law.

 

 

 

 

Please don't send form letters asking me for moreinformation. I've advised you of the nature of my dispute under the FDCPA.You're the ones claiming I owe this and reporting it without notifying me, andthis is a reasonable request for information.

 

 

This is an attempt to collect information and/or correct therecord. Any and all information collected shall be used for that purpose.Please note that this letter revolves around the FDCPA, not the FCRA.

 

 

Thanks

 

 

 

 

 

 

Chris Porter

 

 

 

 

Now...today, I received a letter again:

 

(Dated October 26, received November 1)

Purpose of this letter is to advise you that you did not provide sufficient informationto investigate your dispute of the credit reporting of your above referenced accountpursuant to the FCRA.

In order to investigate your dispute, we need detailed information to identifythe basis of your dispute including a complete explanation of your dispute.Further, we need a copy of any documentation you may have to support yourdispute. In the interim, we have requested that the three major credit bureauschange the status of this account to Disputed.

Examples of such documentation include the following:

1. paid in full or account settled

2. Fraud or Identity Theft

3. Balance discrepancy

 

Please send the above information to:

 

Their address.

 

 

 

What do I do now?? This is the second time I have DV-Disputed them and the second time they want me to show them proof thatI don't have becasue I don't have proof on accounts that I clearly never had.

Posted

Also, in addition to my above post for additional help....What do I do now? I disputed Midland online with Equifax. I stated that Midland will not validate my disputes and that they keep telling me to supply them proof. I also said for the third account that Midland sent me a fianl statement for someone with the name CHRISTAIN and that is not me and that the address was in Ohio and that I have always live in California.

 

guess what.....

 

All three came back as VERIFIED.

 

 

Please friends...........What can I write to Equifax about this lame VERIFICATION? I will send them all copies of all my documentation (notes to Midland, relyies from Midland).

 

 

 

Also, how do I respond to Midland a third time after they tell me again to supply them proof?

Posted

is there some reason your not using my letters and suggestion and disputing this with the CRA's first?

 

if you won't take advice, why do you think if you continue to do the same thing over and over that you'll get a different result?

Posted

"DCOOK80: The post before yours. Time to stop playing games with them and get down to business."

 

 

What post are you refering to?

 

Sorry - post #16 by ICANHASMUNY had one of many excellent responses but that one pretty much sums up what your next move should be. The post numbers are on the upper right corner of the message box. Look for #16, it was posted 27 October 2012 - 10:03 PM.

Posted

There seemed to be a problem when I posted my question last night. When I tried the first time to submit my infotmation, a message came up saying error. Apparently, when I reposted the information, some was left out. Let me try this again.

 

 

1. On October 23, I mailed a letter that ICANHASMUNY posted above. I have shortened it for this post.

 

Dear Equifax

 

The following accounts by Midland appear on my credit reports, but do not list the originalcreditor name, so I have no idea what these accounts are about.<br style="mso-special-character: line-break;">

 

Account 853992 (info)

 

Account 854052 (info)

 

These accounts are being reported by a Debt Purchaser, but are missingimportant information pursuant to the FCRA. Please provide the OC name, theoriginal account # and the Date of First delinquency on the original accounts. Ifthere is no matching report of the same account from the original creditor thatMidland claims to have purchased these from, thendelete Midlands accounts.

 

I have disputed and requested this information from Midland previously, which I have provided you allcopies of letter and responses to Midland, and they have not replied with anyof this information.

 

 

Respectfully

 

 

 

 

Chris Porter

 

 

 

 

 

 

2. On Oct. 27, 2012, I received a letter from Midland stating that they had verifed the third account that I sent a dispute-validation for. The information they sent was for someone else with someone elses name on the envelope. ICANHASMUNY, you supplied me a letter that I did use. I mailed it off on Monday October 29. Midland received it on Wednesday the 31st. The letter read:

Chris Porter

 

13615 Agate Way

 

Victorville, CA 92392

 

 

Midland Funding (MCM)

 

8875 Aero Drive, Suite 200

 

San Diego, CA 92123

 

 

October 28, 2012

 

 

Dear Midland

 

Thisletter is in response to your October 26, 2012 letter that you sent me inregards to my October 18, 2012 Dispute-Validation letter for the account placedon my credit report 855243****

 

 

It’s really obvious you havethe wrong person.

 

Thename on the envelope said CHRISTAIN PORTER, my name is Christopher Porter. Forthe validation, you sent me a photocopy of a final statement that has the name:Christain Porter with an address in Ohio. Of course, this is not mine! The nameis not mine and I have never lived in Ohio. I’ve lived in California my wholelife.

 

Youhave placed this man's accounts on my credit reports, and if these are notdeleted, I will turn this matter over to an attorney for legal action.

 

Ifyou don't know what I mean by that, ask your supervisor for a copy of Casa v. MidlandCredit Management , SD, CA.

 

 

Regards

 

 

 

 

Chris Porter

 

 

 

So my questions are as follows:

 

I did dispute this third account with the credit agency on line, and guess what. Midland verified it as being mine! I did type the info about validation and wrong name in the space provided and Midland still said it was mine!

 

What kind of letter do I send NOW to the CRA's?

What do I send to midland again for the two accounts 853992 and 854052 that I keep disputing with them but they keep asking me for proof? I have also disputed them with the CRA, but I haven't seen an answer yet from the CRA website.

 

 

Thanks and I so apologize for the lack of info from yesterday. I do appreciate your help folks and I have been utilizing everything you say to do and post.

Posted

DATE:

 

Equifax Information Services LLC

PO Box 105069

Atlanta GA 30348

Fax 888-826-0573

 

RE: MIDLAND COLLECTION ACCOUNTS

 

To Whom It May Concern:

 

Please deleted these Items as reported by Midland.(Credit Management). Midland has possibly confused me with someone else who has the same name.

 

COLLECTION ACCOUNTS

Creditor's Name: Midland CREDIT MGMT INC

Account Number: 853992

 

 

COLLECTION ACCOUNTS

Account Name:MIDLAND CREDIT MGMT INC

Account Number: 854052

 

COLLECTION ACCOUNTS

Creditor's Name: Midland CREDIT MGMT INC

Account Number: 855243

 

 

On the above accounts Midland does not list an Original Creditor. I have sent letters requesting validation of the alleged debt from Midland. According to the standards set forth in the Fair Credit Reporting Act (FCRA) they have failed to validate this alleged debt.

 

Midland sent me a few letters requesting I give them my proof of said alleged debt in which I have enclosed.

 

 

Midland has me confused with someone who has the same name. Please delete this immediately from my credit report.

 

Sincerely,

 

 

______________________________________

Signature

 

 

Do you think this letter would work?

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