Not another Midland Funding issue

[Bman125811]

First, thank you all for your contributions to this site. So far it has been information overload (in a good way)

I have not pulled my CR in many years until just recently and found this:

My questions are:

I have two TL's on my CR from Midland Funding, LLC with all 3 CR's
Both are outside of the SOL for collection but fall off Aug 2015 and Dec 2016 for SOL for reporting.

I never got any notices from Midland on either of these accounts. The reason being is because they evidently sent them to an address that I have never been associated with. I confirmed with TU that Midland was the CA that reported the wrong address. They also reported incorrect phone numbers. I have the call with TU recorded (legal in my state). They continue to report this address each month and that is obvious on the other two CRA reports based on dates of reporting – as recently as 10/24/2014. I have no idea how they would have gotten this address except the people there, coincidentally, have the same last name as I do but I do not know them (½ mile from me).

What's even more interesting is that Midland updated my address on 9/17/2009 but no TL's showed up until July and Aug 2011 with “Open Dates” of 6/2011 and 7/2011 respectively. DOFD is correct on both accounts (11/08 and 3/10). Re-aging maybe?

I have been at my current address for over 12 years (9 yrs at the time they first reported which was Aug and Sep 2011). A simple review of my CR would have given even a person with the most 'simplest' mind an indication of my then, and now, current address since it was the only one shown on my CR's for two CRA's reports and a very old address prior to that that was reported in 1997 on another.

As to the phone numbers, one is for someone that lives about a mile from me (different last names and different than the people with the same last name – don't know them either) and another phone number for which the info was not available to the lady at TU. My phone number has been the same since 1996.

My thoughts are the following:
Begin by sending letter demanding the following:
1) Demand for Verification AND a Validation in same letter. Stating that I want signed contracts, copies of statements (both accounts are for CC's)
2) Copies of their Bill of Sale when they bought the loans (this was in 2011 for both or maybe 2009 according to the address update)
3) Copies of all correspondence sent to the 'fake' addresses
4) Dates and times of any phone calls made to those phone numbers they reported
5) How they obtained the fake address
6) DO NOT report the 'fake' address again after this notice.
7) That a complaint IS GOING to be filed with the CFPB
8) Do not contact me by any other means other than USPS as phone calls are inconvenient (of course I will provide my correct address)

Then throw in the section of the FDCPA re: disclosing info to third parties and reporting false info to the CRA's for each month they have reported this 'fake' address. Maybe also re-aging due to the difference in the address reported date and the TL's dates for each month..

And this I saw on another thread here at CreditBoards:
“Systematically sending FDCPA notification and dunning letters to old invalid addresses so as to avoid the ramifications of consumer disputes should be a FDCPA violation. Hope you get audited by the CFPB soon “
from ICANHASMUNY? Posted on http://creditboards.com/forums/index.php?showtopic=531999&hl=%20midland%20%20funding post #13.


In this same letter I would add an ITS if no info is received within 21 days (or should it be 30?). I know they have forever to 'verify' and 'validate' but....

I would put in something to the effect that I want to request arbitration but there is no need to since both accounts' SOL's have run.

Midland is also reporting as a “Factoring Company Account (debt buyer).” Any issues with that?


Also, this may be related to Midland so I'll ask in this same topic – Midland may have sold these accounts but I doubt it because Midland has reported as recently as 10/24/2014, including the 'fake' address/phone number. I have three other CA's pulling my credit recently but I have no TL's from any of them on any CRA's:
Enhanced Recovery 8/22/14 Experian
Law Offices of Ed Overcash 7/31/2014 TransUnion
Account Discovery Sys 7/22/14 TransUnion

Midland pulled one on 7/4/2014 but I believe that to be legal since I have an “open account” with them.

I know this may turn out to be a lengthy letter but under the circumstances (Midland using the 'fake' address originally and continuing to use it.) not sure how I can condense it.

Any advice on the above? I think I have given enough info, but if anyone has any questions, please ask. Thanks in advance.

Also**
On another issue (I will start another topic but just want a quick answer)
Does anyone think it's strange that BB&T would issue a 1099c Cancellation of Debt for the year 2012 for a repo that happened back in 2000? TWELVE years later. This question is for a friend – really, it's for a friend.
Simple Yes or No or a link to any topics already here that I haven't researched yet.

Thanks again.

[breeze]

Welcome to CB. Some of the items you plan to include in your letter would establish that the debt is yours. If you're disputing it, I wouldn't tell them how to report it - you want it gone. Just put your return address on the letter, and state that you have never had those phone numbers. It sounds like they did some kind of sloppy skip tracing, when all your information is right there. Just be careful how you state things, because you don't want to establish that they have the right person - then the very fact that you're disputing the debt, trying to get it deleted, will be pointless.

 

There's a chart for the one-two punch in the pinned threads. It's a good way to start, because you need to dispute the debt with the CRA's as a legal starting point. it's a necessary step, might as well use it to trap them, if possible.

 

They list the date they got the account as the open date, it's not re-aging. Especially if they have the actual original account date correct. The factoring part is something they do to try to claim that they're not subject to the FDCPA, but somewhere in here there is an FTC opinion stating that their little factoring trick won't work. They are still subject to the FDCPA, because the debt was not in good standing when they bought it. Factoring companies buy up debts in good standing, and the debtor just continues to make payments.

 

I'm sure there are lots of folks on here who can give more specific advice.

[Bman125811]

Thank you for the quick reply and for the welcome!

 

I found you from another 'credit board' that actually linked here from their site. They seemed to give alot of contradictory information and a lot of the most active members seemed to be extremely arrogant. So far it looks as if everyone on here is trying to be helpful and not condenscending.

 

It's 3:25 am here on the East coast so I'll sit on this for a while to see what other replies I get.

 

Thanks again for your advice and quick moderation.

[ICANHASMUNY?]

1) Get hard copies of your reports - only file disputes from those hard copies ( free report once a year is available from AnnualCreditReport.com.)

 

2) Follow Psyche doc's seminars - you need to dispute the addresses first - in writing with the CRA's http://creditboards.com/forums/index.php?showtopic=425496

 

you'll need to provide documentation to the CRA that you have lived at your current address for those years to override any information that the " furnisher" is supplying;

 

you need to Specifically tell the CRA"s specifically "to review and reinvestigate your entire file to verify that the addresses listed by Midland funding, a debt collector, were never reported previously by any original creditor, I have never resided at those addresses and you don't know where Midland funding would have gotten this information"

 

3) Don't send any DV letters to Midland at this stage - for FCRA rights, you always have to dispute thru the CRA's first to have a right to file suit for FCRA violations, and you have to prove damages for FCRA lawsuits to be successful

 

4) If the information is verified, then send the CRA an intent to sue letter and file a complaint with the CFBP against the CRA for " failure to perform a reasonable reinvestigation." because the CRA's are not allowed to " parrot" information provided, they have to reinvestigate themselves. (Just sending an electronic automatic dispute to midlands computers isn't going to fly.)

 

5) are the OC's that are listed by Midland still on your reports? If not, and the OC's have fallen off, then they have reaged those accounts - the DOFD for midland HAS TO match the OC's DOFD.

 

Are you sure about the SOL? what state are you in , and who was the OC on the accounts? funny that you have " law offices" pulling your reports,

 

check your local court docket online to see if they have filed suit.

 

 

ONCE you have DOCUMENTATION ( a bona fide paper trail usable in court ) that Midland reported the wrong addresses, you can proceed.

 

odds are, once you dispute thru the CRA's you'll start getting settlement offers

[Bman125811]

Thanks for the reply

 

1) Done

 

2) Have scanned copy of deed dated June 2002 showing address and my PO Box and a current utility bill

 

3) Ok

 

4) OK

 

5) Both OC's are still listed. One drops off 10/2015 the other 03/2017 (Chase & Home Depot). DOFD's match

I am sure about the SOL - South Carolina is 3 years/10 yrs for judgments

 

Will see what I can find re: court dockets (Never been served with anything)

 

I already have "documentation" that Midland reported wrong address by way of recorded phone call with lady at TransUnion stating that it was Midland that reported the address & phone number

(Legal in SC to record phone calls, and if I'm not mistaken they stated that they were recording also)

 

I expect Midland to suddenly discover my correct address and start calling/dunning me. I have my recording device sitting beside the phone and I use the speaker. I'll tell them over the phone to not contact me anymore by phone then fire off a Limited C&D. Hoepfully they will hang themselves.

 

 

Does anyone have any expeience with Chase/Bank Card Services and Home Depot by way of validation/verification and getting TL's dropped?

DOFD on Chase is 11/2008 and Home Depot is 3/2010

 

 

FYI: I had already gotten TU to drop address & Phone Numbers thru an electronic dispute. They removed all of the info plus a couple of paid medicals in two days.

I have a dispute for same in on EX but have not heard anything back yet.

Have not done anything with EQ yet as they only show the incorrect adress/phone #'s. No medicals were listed on EQ

 

Following the dates of reporting by Midland I expect them to re-report the addresses to TU, EQ & EX towards the end of this month. I would assume this would begin my "paper trail"

 

Once again, thanks for the advice.

[breeze]

Thank you for the quick reply and for the welcome!

 

I found you from another 'credit board' that actually linked here from their site. They seemed to give alot of contradictory information and a lot of the most active members seemed to be extremely arrogant. So far it looks as if everyone on here is trying to be helpful and not condenscending.

 

It's 3:25 am here on the East coast so I'll sit on this for a while to see what other replies I get.

 

Thanks again for your advice and quick moderation.

 

 

You're on your way! I had insomnia last night - I'm East Coast too.

[Bman125811]

Thanks breeze. Get some sleep

[breeze]

I hope to tonight. Something woke me up at noon. I was not finished sleeping.

[Bman125811]

An update on above:

Midland verified with Experian

 

This is the letter I have composed and plan on sending. Keep in mind that the SOL has run so I have nothing to lose except to wait for them to report the wrong address/phone numbers.

 

Would someone like to critique?

 

November XX, 2014

 

Re: VALIDATION of Accounts XXXX and XXXX

 

CMRRR #

 

I recently obtained copies of my credit reports from each of the three major credit reporting agencies. On each of those reports from Equifax, Experian and TransUnion Midland Funding LLC/Midland Credit Inc (MF and MCM, respectively) appears twice under the account numbers XXXX and XXXX as collection accounts. Both of these accounts have been disputed. Experian has verified Account #XXXX.

 

Regarding account # XXXX:

 

The following information should be validated, not verified, on account XXXX within twenty-one (21) days from the date of this letter or you may consider this an Intent to Sue also. No further notice will be sent to MF or MCM.

 

 

• Monthly Historical Balance

• Historical Scheduled Amount

• Historical Actual Payment Amount

• Date of Last payment

• High Credit

• Credit Limit

• Amount Past Due

• Date of First Delinquency

• Validate the actual owner of this debt as contradictory information has been reported to the different credit reporting agencies as MF or MCM.

• Account Type is shown as Open Account; provide any contracts between me and MF/MCM

• Provide a copy of the Original Credit Card Agreement

• A contract, agreement, assignment, or other means demonstrating that MF/MCM has the authority and capacity, and is legally entitled to collect on the alleged debt from the original creditor

• It is stated that MF/MCM is a Factoring Company; Provide proof

• Provide proof that MF/MCM is licensed as a Collection Agency in the state of South Carolina and provide registered agent and registered address for service of process

 

 

 

 

The following information should be validated, not verified, on account XXXX within twenty-one (21) days from the date of this letter or you may consider this an Intent to Sue also. No further notice will be sent to MF or MCM.

 

• Monthly Historical Balance

• Historical Scheduled Amount

• Historical Actual Payment Amount

• Date of Last payment

• High Credit

• Credit Limit

• Amount Past Due

• Date of First Delinquency

• Validate the actual owner of this debt as contradictory information has been reported to the different credit reporting agencies as MF or MCM.

• Account Type is shown as Open Account; provide any contracts between me and MF/MCM

• Provide a copy of the Original Credit Card Agreement

• A contract, agreement, assignment, or other means demonstrating that MF/MCM has the authority and capacity, and is legally entitled to collect on the alleged debt from the original creditor

• It is stated that MF/MCM is a Factoring Company; Provide proof

• Provide proof that MF/MCM is licensed as a Collection Agency in the state of South Carolina and provide registered agent and registered address for service of process

• Explain why my address has been consistently reported by MF/MCM to the credit reporting agencies as XXXX, XXXX, SC XXXX and phone numbers XXXX and XXXX since the year 2009 in violation of the Fair Debt Collection Practices Act (FDCPA), 15 USC 1692a §805( Communications with third parties. This address has never been connected with me in any way whatsoever*

• In regards to the FDCPA above, provide the actual number of mailings sent to the above address, the number of phone calls placed to the above telephone numbers and why that address was used when my address was clearly available to MF/MCM as it was used on the above Account # XXXX. Also, to whom was contact made to obtain this false address originally.**

 

 

 

 

 

 

 

 

 

 

If ALL of the above information can not be validated within twenty-one (21) days from the date of this letter I expect the information to be deleted from all three credit reporting agencies and for MF/MCM to mail me such proof that the information has been deleted. Phone calls to me are inconvenient at any time.

 

A complaint is being filed with the Consumer Financial Protection Board (CFPB).

 

 

Thank you

 

 

(I had seen on other topics not to sign certain letters. Is this one of them? They can't sue me one way or the other anyway - out of SOL)

 

Mr Me

 

 

 

 

* Continuously sending FDCPA notification and dunning letters to old invalid addresses so as to avoid the ramifications of consumer disputes should be a FDCPA violation .

 

** "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006);

 

 

 

Thanks for reviewing.

[ICANHASMUNY?]

not sure if you should hit them with All your disputes at once - if you keep some in reserve, you can keep disputing ....

 

 

you specifically need to mention this

 

" these requests revolve around the FDPCA - specifically, providing False information to credit reporting agencies, and attempted circumvention of the FDPCA required validation notices,

 

Please note that I have never been contacted by Midland or it's agents prior to these debts being reported, and your firms records of these attempts of contact at the addresses listed on my reports is clearly erroneous.

 

The addresses listed on my reports by Midland funding have never been connected with me in any way whatsoever, and sending notices to invalid address does not relieve your firm of liability on this issue.

 

** "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006);

[Bman125811]

Thanks ICAN:

Here's another revised letter. What is the opinion in regards to signing the letter? My opinion is it shouldn't matter since the debt is SOL. Since I mention "Intent to Sue" I personally think it would be best to sign.

I took out a couple of disputes on one and a couple on the other so as to preserve future disputes - thanks for that advice.

 

 

Re: VALIDATION of Accounts XXXX and XXXX

 

CMRRR #

 

I recently obtained copies of my credit reports from each of the three major credit reporting agencies. On each of those reports from Equifax, Experian and TransUnion Midland Funding LLC/Midland Credit Inc (MF and MCM, respectively) appears twice under the account numbers XXXX and XXXX as collection accounts. Both of these accounts have been disputed. Experian has verified Account #XXXX.

 

Regarding account # XXXX:

 

The following information should be validated, not verified, on account XXXX within twenty-one (21) days from the date of this letter or you may consider this an Intent to Sue also. No further notice will be sent to MF or MCM.

 

 

• Date of First Delinquency

• Validate the actual owner of this debt as contradictory information has been reported to the different credit reporting agencies as MF or MCM.

• Account Type is shown as Open Account; provide any contracts between me and MF/MCM

• Provide a copy of the Original Credit Card Agreement

• A contract, agreement, assignment, or other means demonstrating that MF/MCM has the authority and capacity, and is legally entitled to collect on the alleged debt from the original creditor

• Provide proof that MF/MCM is licensed as a Collection Agency in the state of South Carolina and provide registered agent and registered address for service of process

 

 

 

 

Regarding account # XXXX:

 

The following information should be validated, not verified, on account XXXX within twenty-one (21) days from the date of this letter or you may consider this an Intent to Sue also. No further notice will be sent to MF or MCM.

 

• Date of Last payment

• Amount Past Due

• Date of First Delinquency

• Validate the actual owner of this debt as contradictory information has been reported to the different credit reporting agencies as MF or MCM.

• Account Type is shown as Open Account; provide any contracts between me and MF/MCM

• Provide a copy of the Original Credit Card Agreement

• It is stated that MF/MCM is a Factoring Company; Provide proof

• Explain why my address has been consistently reported by MF/MCM to the credit reporting agencies as XXXX, XXXX, SC XXXX and phone numbers XXXX and XXXX since the year 2009 in violation of the Fair Debt Collection Practices Act (FDCPA), 15 USC 1692a §805( Communications with third parties. This address has never been connected with me in any way whatsoever*

• In regards to the FDCPA above, provide the actual number of mailings sent to the above address, the number of phone calls placed to the above telephone numbers and to whom was contact made to obtain this false address originally. Also, why that address was used when my address was clearly available to MF/MCM as it was used on the above Account # XXXX*

 

 

 

In regards to both of the accounts listed above, these requests revolve around the FDCPA, specifically providing false information to credit reporting agencies, and attempted circumvention of the FDCPA required validation notices.

 

Please note that I have never been contacted by MF/MCM or it's agents prior to these debts being reported, and your firm's records of these attempts of contact at the addresses listed on my reports is clearly erroneous.

 

The address listed on my reports by MF/MCM have never been connected with me in any way whatsoever, and sending notices to an invalid address does not relieve your firm of liability on this issue.*

 

* "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006);"

 

 

 

 

 

If ALL of the above information can not be validated within twenty-one (21) days from the date of this letter I expect the information to be deleted from all three credit reporting agencies and for MF/MCM to mail me such proof that the information has been deleted. Phone calls to me are inconvenient at any time.

 

A complaint is being filed with the Consumer Financial Protection Board (CFPB).

 

 

 

 

Thank you

 

 

Mr Me

 

 

Comments anyone?

[breeze]

Don't sign it. You signature might magically appear on some payment agreement with them, dated last year, or something similar. They commit perjury on a regular basis.

[Bman125811]

Ah, never thought of that.

I figgered, with them being a CA and all, that they are above reproach, full of morality and otherwise just down right nice people.

 

I'll get it printed and ready to go tomorrow. Will update as I get more info.

 

Thanks

[breeze]

Ah, never thought of that.

I figgered, with them being a CA and all, that they are above reproach, full of morality and otherwise just down right nice people.

 

I'll get it printed and ready to go tomorrow. Will update as I get more info.

 

Thanks

 

[Bman125811]

Just found out by reviewing EQ online the results of one of Midland's "verifications"

 

It is dated one day later than the date of the dispute. I received no notice (by email - it was an online dispute) that the dispute had been resolved.

 

The following is info from TL:

 

Original "Type of Acct" = Open ; Current = "Open"

 

Orig Date Reptd = "10 24 14" ; Current = 11 07 14 ( which is how I determined the dispute took EQ less than 24 hours to resolve)

 

Orig Scheduled Pymt Amt = Blank ; Current = $0

 

Orig Chg Off Amt = Blank ; Current = $0

 

Orig Balloon Pymt Amt = Blank ; Current = $0

 

Orig Credit Limit = Blank ; Current = N/A

 

Both Balance & Amt Past Due increased by $4

 

Orig Actual Pymt Amt = Blank ; Current $0

 

Orig Type of Loan = Factoring Company (debt buyer) ; Current = Blank

 

Orig Comments = Collection Acct ; Current = Consumer disputes acct info, Collection acct.

 

There is a DV in the mail to Midland now. Is there anything I should do now as far as EQ and EX are concerned?

 

BTW, EX has "verified" the same account and it was also in less than 24 hours.

 

Thanks

[ICANHASMUNY?]

you shouldn't have initiated online disputes - have you ever disputed these accounts in writing with the CRA's?

 

that's what you need to do - start a paper trail.

 

hit the CRA's with a jack attack dispute -

[Bman125811]

you shouldn't have initiated online disputes - have you ever disputed these accounts in writing with the CRA's?

 

that's what you need to do - start a paper trail.

 

hit the CRA's with a jack attack dispute -

 

I know that now. There's so much info here @ CB that it is almost overwhelming (In a good way of course).

 

I do have screen shots of every step in the process of the online disputes if that will help. Also a letter is in the mail to Midland now. They should get it by Wednesday at the latest. Going from East to West coast.

 

I was checking out the CFPB in order to start a complaint with them. Need a link to some pointers on writing complaint if anyone has a quick link to one here on CB.

 

Also gonna review the Jack Attack 1-3 punch and begin it sometime today or later tonight w/ both EQ and EX

 

So far TU seems to be the best to work with, EX are big butts and EQ seems to just verify. Both in less than 24 hours.

 

Any other advice will be appreciated.

[breeze]

IMO, screenshot, saved to computer are pretty good if you're sure you will never want to go to court. The problem if you ever do have to go to court, is that you could be accused of altering them if you print them up. Originals from the source on paper cannot be questioned.

[Bman125811]

I don't expect to ever go to court. Both of the accounts with Midland are SOL and have a year before dropping off.

 

I also lodged a complaint with the CFPB this morning so......

 

Will wait and see.

[Bman125811]

What happens if a CA does not respond to a CFPB complaint within 15 days? Anything?

 

The 15 days on Midland will be up on Wednesday, the 3rd.

No response from them by mail, email or phone as of today 11/29

[ICANHASMUNY?]

Did the CFPB state that they expected a response in 15 days?

 

Bet they just drop off your reports.

 

Then again , maybe then sent a written reply to the address down the street - why don't you call those folks up and find out whether midland has been harassing them / or send letters to them. ?

 

Do you know them?

 

If they have taken calls, you could have them swear out an affidavit stating that' they've told Midland that you don't live there, and how many calls they've taken over the years,

 

If midland was still calling them while you were disputing the address, it may prove interesting in court.

[Bman125811]

Here is an update from Midland to me & the CPFB:

 

Dated December 3, 2014 (I just got the email from the CFPB an hour ago)

 

Thank you for your inquiry through the Consumer Financial Protection Bureau (“CFPB”), which

is copied on this letter. Midland Credit Management, Inc. (“Midland Credit”) received your

inquiry on November 18, 2014, and appreciates the opportunity to answer your questions.

An investigation of this matter indicates that Midland Credit is the servicer of two accounts

belonging to you.

 

Midland Credit became the servicer of account no. *********, on behalf of purchaser, Midland

Funding, LLC (“Midland Funding”) on July 20, 2011. Information provided by the seller,

Citibank (South Dakota), N.A., at the time of acquisition indicates this account was originated on

April 16, 2006, as a Citibank (South Dakota), N.A./The Home Depot credit card account number

ending in ****, in the name of *******, under the last four of the social security number

****. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 26,

2010. The balance at the time of purchase was $******.

 

Midland Credit became the servicer of account no. ********, on behalf of purchaser, Midland

Funding, on June 10, 2011. Information provided by the seller, Riverwalk Holdings, LTD, at the

time of acquisition indicates this account was originated on November 23, 2005, as a Chase

Bank USA, N.A. VISA account number ending in ****, in the name of *******, under the

last four of the social security number ****. Subsequently, the account was charged-off as an

unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $*******.

 

Mr. ****, you express a concern that you have never received any contact from Midland in

regards to the above referenced accounts. Midland Credit mailed you separate and unique

validation letters – on July 23, 2011, for account no. ********, and on June 23, 2011, for

account no. *******. These letters informed you that Midland Funding had acquired the

accounts, and of your rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692

 

Page 2 of 3

Case # ********

8875 AERO DRIVE, SUITE 200  SAN DIEGO, CALIFORNIA 92123

858-560-2600  WATS 1-800-825-8131  FAX 858-309-6977

 

 

et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal

Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.

Midland Credit’s business records indicate that it did not receive any correspondence disputing

the debts or requesting validation from you in response to the letters. Midland Credit received

correspondence from you November 14, 2014, requesting validation and expressing concern that

Midland Credit is not reporting accurately on your consumer credit files. Due to administrative

oversight, the letter was not notated on the account until after Midland Credit’s receipt of this

complaint. While your request was not timely, all concerns will be addressed within this

response.

 

The FDCPA specifically states that, unless a consumer provides a debt collector with notice of

such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed

to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not

receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to

contact you and collect the debts. Although your request is untimely, verification information

provided by the seller for account no. ********* is enclosed for your records. A review of

Midland Credit’s business records indicates that it is accurately reporting the above-referenced

accounts to the three major credit reporting agencies.

 

In your complaint, you allege that Midland Credit appears to have sent all correspondence to a

wrong address, and that the phone numbers listed on your credit report are incorrect. Please note

that to ensure that it has the most up to date consumer information, Midland Credit relies on

consumer data provided by third party vendors. In reliance on that information, Midland Credit

attempted to contact you using that address, in regards to the referenced accounts. Midland

Credit was not aware that it was sending correspondence to a wrong address, as none of its letters

were returned as undeliverable.

 

While your address and phone number were not included in the information forwarded by the

CFPB, the referenced accounts have been marked “Cease and Desist” to prevent any further

contact. Midland Credit invites you to contact its consumer support services team at (800) 825-

8131 ext. 32917 to update your account information.

 

However, Midland Credit stands ready to assist you in clearing your record if you have been a

victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests

that you provide it with a copy of either a police report or affidavit of fraud showing that you

reported the fraudulent activity. Please note that an affidavit of fraud can be found at

www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, you

should complete the form and have the form notarized. You may forward appropriate

documentation to Consumer Support Services at the address on this letterhead.

 

With that said, if you are ready to settle the above-referenced debts, you may qualify for a

reduction in your account balances. Please call Midland Credit Account Manager *******

******* at (800) 825-8131 ext. ***** to assist you in reaching a resolution that will be both

beneficial to you, as well as settle the account balances.

 

Page 3 of 3

Case # **********

8875 AERO DRIVE, SUITE 200  SAN DIEGO, CALIFORNIA 92123

858-560-2600  WATS 1-800-825-8131  FAX 858-309-6977

 

In the meantime, as mentioned above, the referenced accounts have been marked “Cease and

Desist.” While they remain due and owing, you will no longer receive contact from Midland

Credit representatives unless a response is required by law.

 

Midland Credit considers consumer complaints a serious matter, and fully respects consumers’

rights. Midland Credit apologizes for the inconvenience caused to you.

 

Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer

Support Services team should you have any further questions.

 

This communication is from a debt collector.

Sincerely,

Midland Credit Management, Inc.

 

 

Included in their response were copies of 17, yes 17 statements, from WaMU (15) and Chase (2); none from Citibank (Home Depot).

 

I was on the phone with TU when the email came in. To sum it up, the rep at TU told me I could not dispute a "Closed Account" and I would have to contact Midland.

 

My TU CR now shows for both accounts as "Closed" in 11/2004. They do have the notation as disputed. Still show as a "Factoring Company" and as an "Open" account.

 

Can anyone tell me whether the "Date Closed" affects anything or not. The DOFD are correct. And if these accounts are marked "C&D" if it will be worth it to wait awhile and dispute it again with the CRA's?

(BTW, both these accounts are well out of the SOL for collection - I am just trying to get the TL's deleted)

[ICANHASMUNY?]

Dear Midland credit management;

 

I've never received any letters from your firm, because they were obviously sent to the wrong address; as far as your blaming third party vendors, a quick review of my information on Any credit reporting agency clearly shows that I have lived at my current address for 12 years.

 

The addresses listed on my reports by your firm have never been connected with me in any way whatsoever, and sending notices to invalid address does not relieve your firm of liability on this issue, because your firm failed to perform a reasonable reinvestigation after I disputed the addresses listed on xx-xx-xxxx, your firm verified this incorrect address, on xx-xx-xxxx which lead to the CFPB complaint.

 

** "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006);

 

 

I dispute that I owe these debts in the amounts your firm reports - Please advise your legal basis for interest on charged off accounts where the lender waived the interest.

[breeze]

They lie like rugs, don't they? So they're reporting an account that's past the 7 years, but since they're reporting it as closed, TU rep tells you you can't dispute it?

[Bman125811]

Thanks ICAN.

 

Looking at the very last Chase stmt the amount is 1,569.57. Then the acct was sold after that, apparently to Riverwalk as stated above.

 

The original amount on the TL for Chase is $1,611 and now shows a balance of $2,135.

 

The DV to them did quote the case you cited above also.

 

Funny how my letter was, due to admin oversight, not notated on my account until after the CFPB notified them.

 

Should I respond back through the CFPB?

There is this on their notice.

 

Relief
Mr. ********, the accounts have been marked "Cease and Desist." While they remain due and owing, you will no longer receive contact from Midland Credit representatives unless a response is required by law. Please see Midland Credit's comprehensive response letter, which is attached for additional information.

[Dispute Button] (to dispute through the CFPB.

 

 

Should I also mention that they are reporting as a "Factoring Company" (see attached screen shot) and the account is showing as an "open" account?

 

 

Thanks ICAN

(The jpg didn't post)

Edited December 4, 2014 by Bman125811