LoneTexan is doing the Texas Plan to CA's who have misrepresented his debts! No holds barred, step-by-step.

[LoneTexan]

Hello folks and thank you to all the members who have participated to bringing this forum to its current status as number 1 in my book.

 

I'd like to start off by saying I have read this forum and its requisites several times and am prepared to go the distance against the violations I feel I have suffered from these bottom feeders. I now have enough knowledge to get myself in trouble and hope to get guidance as seen fit. I truly want to work hard and be diligent and want nothing handed to me, so I understand what I am getting into and will take these steps one at a time.

 

I will be using the suggestions as outlined by centex as I live in Texas and do not care to Pro Se in federal court at the moment and feel strongly about this position and its leverages. With that, I have a little back ground to share...

 

What got this all started was a letter from Midland Funding suggesting I have a Verizon Wireless debt they had just purchased. I sent a validation request as offered on that initial communication from Midland Credit Management Certified Mail Return Receipt Requested. Once I received the green card, I began the 30 day timer. I did not hear from them in the 30 days and wondered what happened, no response. So, I then go online to all three major credit bureaus and find that Midland Funding is reporting the alleged Verizon debt as " disputed " with a reporting date of 5-4-2013 when my green card shows a date of 3-12-2013. It was then I realized I was up against a CA who doesn't care about the Federal laws. ( Maybe that internet form I used to request validation was in their records already) Midland Funding is reporting as a " Factoring company " with all the extra violations ta'-boot on that Verizon Wireless claim as well as three other debts they don't show an Original Creditor for.

 

So far,

 

I have disputed trade lines online on my credit reports from reporting collection agencies AFNI, LVNV Funding and Midland Funding. I have also disputed how my name is listed in the EQ Credit file. I disputed as " no terms " and also had to click the radio buttons for account type and don't claim these debts. I have received confirmation that all * EXCEPT * AFNI for EQ has been verified and continues to report as previous to my dispute. AFNI for EQ has been deleted. For EX, they all continue as before dispute and the same for TU all verified. I may have a violation under the FCRA/FDCPA but don't care to raise the one issue. I'd rather go the TFC, BCC, UW and TxDTPA route as I may have more leverage in the end.

 

After reading this forum, well at least some of it, I realize I should have gone about this a bit differently.

 

My new approach is to sit out the remainder of the 30 days to give the CRA their time of 30 days for my disputes ( 15 more days ). In the mean time, I am going to send these JDB's a letter CC'ing their Under Writers for each and every alleged debt violation as evidenced from my credit reports ( which I have ordered the mail version ). I will use centex approach with notice to cure. I WILL then file " Pro Se " in Tom Green County Court if I get no response.

 

I understand I need to include have a game plan and a to-do/include list:

 

1) the actual TFC 392 provisions I claim as relevant.

2) Chapter 17 of the Business and Commerce Code

3) TxDTPA for trebling of alleged gross violations

4) Bond Underwriter placed on notice

5) Place the CA on notice of violations

6) Include what I require done if the CA can't provide required documentation of debt as reported on my credit reports. ( delete trade line and do not sell or try and collect on this debt again. Send each party who received a copy of credit reports reflecting that change )

7) Give 60 days notice of intent to litigate.

8) Send copies to LVNV Funding and Resurgent Capital.

9) Send copies to Midland Funding and Midland Credit Management.

 

What I have done so far:

 

I have a Pacer account to read up on case law regarding these companies. Check

I have looked up the Bond numbers for these companies I allege as violators of Texas law. Check

I have the address to these bonding companies. Check

 

Bonding information as follows active as of this post date.

 

 

LVNV Funding is listed as a CA in Texas with bond.

 

The Bond information is:

Principal Name: LVNV Funding LLC # 1
Address: 625 Pilot Road Suite 2
Las Vegas, NV 89119
File Number: 20060026
Status: Active
Date Filed: 2/7/2006
Cancellation Date:
Phone:
Bonding Company: RLI Insurance Company
Bond No: CMS226412

Bonding company name and account number and address.

Corporate office mailing address:
9025 North Lindbergh Drive
Peoria, Illinois USA 61615-1499

Phone: (800) 331-4929
(309) 692-1000

 

Midland Funding is listed with two bonds.

 

Bonding company name and account number and address.

Corporate office mailing address:
9025 North Lindbergh Drive
Peoria, Illinois USA 61615-1499

Phone: (800) 331-4929
(309) 692-1000

Principal Name: Midland Funding LLC # 2
Address: 8875 Aero Drive, Suite 200
San Diego, CA 92123
File Number: 20060020
Status: Active
Date Filed: 1/26/2006
Cancellation Date:
Phone: (858) 560-2600
Bonding Company: RLI Insurance Company
Bond No: CMS212817

Principal Name: Midland Funding NCC-2 Corporation # 4
Address: 8875 Aero Drive, Suite 200
San Diego, CA 92123
File Number: 20060013
Status: Active
Date Filed: 1/26/2006
Cancellation Date:
Phone: (858) 560-2600
Bonding Company: RLI Insurance Company
Bond No: CMS212815

 

AFNI " AKA " Anderson Financial Networks Inc.

 

Principal Name: AFNI Inc fka Anderson Financial Network Inc # 1
Address: 404 Brock Drive
Bloomington, IL 61701-
File Number: 970526
Status: Active
Date Filed: 9/26/1997
Cancellation Date:
Phone: (309) 828-5226
Bonding Company: Travelers Casualty and Surety Company of America
Bond No: 775224183TX

 

List of items yet to do:

 

1) Rough draft of notice to CA. This will include notice to cure as well as violations and remedies.

2) Dispute " in writing " these accounts with the three major credit reporting agencies listing all inaccurate information being reported. ( still need to research whether I should list correct format or if this only sets up possible liability ) { Although, I should not this is not an attempt to weasel out of a CA reporting if they will report properly. However, I do not feel as if I should give them the opportunity since they have been causing me grief as some have done for nearly 6 years. }

3) Send these letters in the time frame required. Ie.. send to CRA when I receive the green cards from the CA's.

4) prepare for the 61st day to go to my County Court house clerk and file.

 

That's it for tonight, more tomorrow after work.

[Sandscrit]

Welcome to Credit Boards Lone Texan, How old are these debts? Ever thought any of these JDB's might turn around and file their own lawsuits or give you no end in grief filing pre trial motions? One good thing about using a FDCPA attorney pro bono publico is they tack on court costs and attorney's fees. You would be lucky to get $100.00 in violations using the TFC392.

[548ficoNtexas]

LoneTexan,

I sued Midland last year and their attorney contacted me at home at 9:30 at night the day they were served, we worked out a speedy resolution with a nice little check for me and never went to court. PM me if you're interested in samples of my lawsuits or anything.When you actually sue them and not just BS like many do they fold very fast!! And as sandscrit asked, are these out of SOL?

[LoneTexan]

LoneTexan,

I sued Midland last year and their attorney contacted me at home at 9:30 at night the day they were served, we worked out a speedy resolution with a nice little check for me and never went to court. PM me if you're interested in samples of my lawsuits or anything.When you actually sue them and not just BS like many do they fold very fast!! And as sandscrit asked, are these out of SOL?

Congrats on your success and thank you for your reply. I will be happy to read and learn your approach by you PM'ing your samples. I'm steaming and when that happens, I fight for results. I am not a quitter and fight for what I believe in. I have lost every material asset I worked years to stack up and I will not let that happen again. I placed all my eggs in one basket and have fought for years to refill that basket. Thank you for your help. I don't think I can PM yet but when I am able to, I will look you up. Thanks again.

 

 

Welcome to Credit Boards Lone Texan, How old are these debts? Ever thought any of these JDB's might turn around and file their own lawsuits or give you no end in grief filing pre trial motions? One good thing about using a FDCPA attorney pro bono publico is they tack on court costs and attorney's fees. You would be lucky to get $100.00 in violations using the TFC392.

Thank you for your reply.

 

These alleged debts, not to mention how they are reported, range in dates from 6 years to 3 years and one at just over two years from FDOD. The 3 year trade line is potentially from an Altel account I fought the company on until the company sold to Verizon. Verizon then would not work with me saying they have no record yet refused to grant service with them unless I paid a 399.00 debt I had with them. The last service I had with Verizon was when I resided in Tennessee 12 years ago. I lived there for 2 years then returned home to Texas. However, I do have all documentation and proof Altel broke contract. Also, the AFNI debt is for a Sprint account which is the two year old debt. I believe, no expert, they too broke the contract after offering unlimited internet then changing the internet terms to a 5gig limit per month. I chose to cancel instead of accepting their terms. I am not as confident on that claim as I am the Altel account. Again, not sure that alleged debt is actually the Altel account. I will again add that when I sent the " federal validation request", I got no reply from Midland Funding or Midland Credit Management to confirm that is the debt. As far as the 6 year accounts, some may say to just let it ride and I should but, I would like to hold them accountable to the way they are reporting.

 

One thing I'd like to make clear is that I'm not only wanting to "clean" my credit report, but I am also willing to settle for these accounts reporting correctly so long as I can hold the violators accountable. After all, if I owe the debt, I either need to pay up or pay the price in " time ". These companies have no problem suing me for alleged debt and I have no problem suing them for violations. Will that make the debt go away, probably not if they are real and I owe them. But, I will seek to delete permanently in my suits against these companies if litigation is required.

 

What REALLY got this all started was being sued by a law firm representing Merrick Bank. I hired an attorney out of Dallas, paid his price all to find out they dismissed the case without ever supplying any documentation. I spent 1500 bucks just to be Judgement-less. I did not get my day in court to prove I did not owe the amount. 3K dollar suit for 79.00 I refused to pay because I did not receive an Ebay item I purchased with the card. That was 6 years ago yet they continue to report on my credit report as they deserve a mountain of money from the mole-hill charge. I have fought tooth and nail with them and to this day, the only thing accomplished is the dollar amount reported is now half what the reported for years. So, what I do have is time, what I don't have is patience to allow these JDB to rule my world as they have so far. As far as using the FDCPA, I'm not after a pay check, I want results. I have no problem paying an attorney who will represent me, I have yet to find one I feel comfortable with. Getting 100 bucks from them is better than them getting even one red cent from me. I have no limit on the amount of money will spent to fight these guys and hold them accountable but every attorney I have contacted in this town is too busy for my issues. They are not hungry enough. Let the motions begin is all I have to say.

 

If you have a better suggestion, I am all ears. I have never been too focused or prided to listen and learn. Thank you for your questions and warm welcome.

 

On a side note, I did read case law on telecommunications companies being limited to 2 years with the federal statute of limitations for their industry. If that is the case, and I can prove that, I should be protected for these stated accounts.

[LoneTexan]

I would also like to add:

 

So far, I feel as if the "Texas plan" is in my best interest as some of these debts are way over the 30 day window of dispute for the federal statutes. Using our Texas codes, I feel I can build a better case against these violations. That's my biggest asset so far. Where I am unclear so far is just how many violations I can claim. Also, can I build support for those claims? Time will tell.

Edited May 14, 2013 by LoneTexan

[LoneTexan]

Hello all. Looks like I gotta work on my organization skills..... I'm now working on what violations I ' think ' Midland is reporting and what violations will hold up in court. So,

 

Here is what I can recognize as reported incorrectly on my credit reports. This is the Verizon Wireless trade line for $399.00.

 

Midland Funding

Type: Debt Buyer - At best would be " collections account

Terms: 1 Month - No terms with a JDB

Credit Limit: $399 - No credit limit as Midland did not extend credit to me.

Reporting in an installment category with the credit bureaus.

Reporting as two collection months in Payment History - Again, I have no terms which would require a payment history.

 

Potential proof that I previously tried to correct their information. Listed in ' Your Statement ' Account information disputed by consumer ( meets requirements of the FCRA)

 

Midland also " verified " the trade line with the CRA's when I disputed the inaccuracies online. I got a letter in the mail saying my account had been verified in response to my online dispute.

 

On another trade line entry on my credit report is again Midland Funding

 

Midland Funding

Type: Debt Buyer

Terms: 1 month

monthly payment: 0

Credit limit:

Reporting in Installment category:

Has payment history with 3 years of in collections.

Has the same statement as previous - * proof of validating incorrect data

 

 

 

 

Any ideas of what constitutes a violation? The whole reported trade line as " 1 violation " or is each entry in that trade line that is proven wrong a violation?

 

Thank you for your help and for following along.

 

 

 

 

 

 

 

[LoneTexan]

Hello folks.

 

Well, I've done some additional reading and I believe I can claim each violation, not to say they will stick, with each collection agency being summed up all in one suit. Looks like all suits are combined into one suit if they all relate in cause. So, one for Midland funding and one for LVNV funding. With that, I believe sticking to Texas law may still be the best option.

 

Where I'm at now: waiting for Credit Reports from CRA's. I think that I will go ahead and send my letters to these CA's. Dispute, ITS with notice to cure. Also, will cc the bonding companies. Once I get the return receipt, I will dispute the trade lines with the CRA's as a written notice and include all the violations in the one letter.

 

Anyone see a problem or problems so far?

 

Thank you

[LKH]

Hello folks.

 

Well, I've done some additional reading and I believe I can claim each violation, not to say they will stick, with each collection agency being summed up all in one suit. Looks like all suits are combined into one suit if they all relate in cause. So, one for Midland funding and one for LVNV funding. With that, I believe sticking to Texas law may still be the best option.

 

Where I'm at now: waiting for Credit Reports from CRA's. I think that I will go ahead and send my letters to these CA's. Dispute, ITS with notice to cure. Also, will cc the bonding companies. Once I get the return receipt, I will dispute the trade lines with the CRA's as a written notice and include all the violations in the one letter.

 

Anyone see a problem or problems so far?

 

Thank you

Claim each and every violation you can find. The more the merrier.

[LoneTexan]

Thank you LKH

[LoneTexan]

Ok, I've entered complaints to the FTC on each CA and Each CRA who has failed to properly do as they are required to do under the FDCPA and FCRA. Even though I am setting aside the Federal violations at the moment, I want to keep all remedies and the federal options open. As you say LKH, the more violations the better.

 

Now on to more research before I write my letters. I will be going the hand written route I think.

 

More to come

Edited May 19, 2013 by LoneTexan

[LoneTexan]

I'd like to thank Walterg55 for the thread http://creditboards.com/forums/index.php?showtopic=240327 as this is the inspiration I am working from.

 

Also, I'd like to comment on the FTC compaint I submitted in regards to CRA's violations:

 

( IF) the FTC does NOT respond to individual complaints, why then did I have to submit my SSN? It seems they only need that information if they plan to either investigate or submit to the CRA for an explanation or?

 

Just seems odd

[LoneTexan]

LoneTexan,

I sued Midland last year and their attorney contacted me at home at 9:30 at night the day they were served, we worked out a speedy resolution with a nice little check for me and never went to court. PM me if you're interested in samples of my lawsuits or anything.When you actually sue them and not just BS like many do they fold very fast!! And as sandscrit asked, are these out of SOL?

Pm Sent, thank you.

[LoneTexan]

Thank ICANHASMUNY for sharing this read. http://creditboards.com/forums/index.php?showtopic=503624

 

So, It looks like that Midland account for Verizon on my CR is not time barred. However, that debt is being reported as factored etc. and I reckon I should get busy with the TFC validation requests as they did not properly validate with the FDCPA. The also validated the debt when I " online disputed " my CRA account.

 

So, still more to learn and lots to do.

[LoneTexan]

After reading ICANHASMUNY's post in thread listed above, I decided I better jump on the CRA's again to see what I got to list specifically. I updated EX to see what, if anything, had changed and I came across this being reported in all Midlands TL on my report.

 

Date Opened:
01/2013
Date of Status:
04/2013
Reported Since:
04/2013
Last Reported Date:
N/A


Type:
NA
Terms:
1 Months
Monthly Payment:
N/A
Responsibility:
Individual


Credit Limit:
N/A
High Balance:
N/A
Recent Balance:
N/A
Recent Payment:
N/A


Your Statement:
Account in dispute under Fair Credit Billing Act.

 

 

Funny thing is, I never disputed on the grounds of the FCBA. I did complain to the FCC though? HMMMm..... Any ideas?

[wow]

are you disputing based on TFC or Federal law?

[LoneTexan]

I have only disputed the dunning letter regarding the alleged Verizon Wireless account. It was by way of the rights of 30 day validation on first communication from them. The problem was no response from the validation request and their verifying the account as a Factoring company, terms 1 month, reporting as in collections and no FDOD etc..

[TomNTex]

I would suggest that you NEVER do anything on line. Always do it in writing and send it CMRRR. That way you know for sure things are being done correctly.

[LoneTexan]

Hello TomNTex.

 

Yes, I do realize I shouldn't have done the online dispute. I learned that from this great board.

 

 

 

To update as the 30 day time limit for the CRA's to update my online disputes are up. Midland funding has removed the accounts from TU, even the alleged Verizon bill I never had. I got a call from Verizon who didn't leave a message and when I returned the call, no-one answered and they have not called back. Strange but it is what it is. On my EX report, Midland has changed the information to all N/A's except the terms field with is still 1 month. Just waiting for my updated credit reports and I will begin the letters.

 

LVNV has updated the reported information and has kept the factory account type so I will hit them with letters along with the Cra letters. I think I start over with them instead of asking the CRA's their MOV.

 

So, just a few more days now I suppose till the fun REALLY begins.

 

Thanks everyone for your help.

[LoneTexan]

I checked my online dispute status with EQ. Midland has deleted all 4 trade lines. Funny how on the 6th of May Midland verified their reported " incorrect " information but just days after I made my complaint to the FTC they investigated and deleted the accounts. Anyway, the complaint was actually directed at the CRA's and I was asked for specific information for the complaint and 3 weeks later, they have deleted with two of the three CRA's. Going to dispute, in writing, the incomplete information listed with Experian.

 

Just curious if I just dispute the incomplete information with the CRA's or the 1-2 punch?