Not another Midland Funding issue

[Bman125811]

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?

 

The 7 yrs isn't up until next year. I was surprised they actually had copies of the stmnts on the one account. Didn't provide any stmts on the Home Depot acct. But yes, the TU said I could not dispute it with them since it is being reported a closed.

I'm going to formulate a response and send it back through the CFPB I guess. They responded to them, but conveniently had an admin f@rt with my letter.

 

How do I get a screen shot from the SEC filing showing that they are buyers of CO'd CC debt to post here?

[breeze]

You put it somewhere like photobucket, then post the link here.

 

You can send it to me at the admin mail account, and I'll put it in my photobucket account if you don't have any place to put it.

 

I'll do it tomorrow, if you send it to me. I'm going to bed now.

[ICANHASMUNY?]

third party is BS - they have your name and address provided by the OC when the debt is sold -

 

what address is listed on the copies of the statements sent?

[Bman125811]

ICAN - If you could proof this I'd certainly appreciate it. Thanks

 

 

 

Thank you for your reply dated December 3, 2014.

 

Regarding the sending of letters to me:

 

You cite 15 U.S.C. § 1692g(a)(3), in that “the debt will be assumed to be valid by the debt collector.”

 

As stated in your reply:

 

“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.”

 

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 11-07-2014, your firm verified this incorrect address, on 11-07-14 and 11-15-2014, along with other allegedly incorrect data which lead to the CFPB complaint.

I never received any letters from your firm, because they were obviously sent to the wrong address as you admit; 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.

 

I fail to understand how a “least sophisticated consumer” would be able to provide any kind of notice of dispute to a notice for which you admit was mailed to an incorrect address. The letters were not returned as “undeliverable” mainly because there were, and appears to currently be, persons with the same last name as me residing at the address for which you sent the notice, as a quick search on the county website would show in less than five minutes.

I also wonder what type of third party vendor you use in your ordinary course of business as it would not have been difficult to ascertain that I have been at my current address for over 12 years currently (Since June 2002) and to whom you share alleged debtors' information (Communication with third parties).

“Thus, 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. If the debt collector knows the validation notice was sent to the wrong address, the debt collector has not complied with the plain language of the statute”

Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006)

 

You did not address at all the following on Account #**********

• 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

 

 

You did not address at all the following on Account #***********

• 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

 

As to the Loan Type being reported as “Factoring Company Account” on TransUnion and Equifax, the filings with the Securities and Exchange Commission dated June 9, 2011 states that your Revenue Composition consists of 95% of “Purchase and Collection of charged-off unsecured consumer receivables (primarily credit card).” Please correct this on my credit reports.

 

On Experian the “Terms” are shown as “1 Months”; TransUnion shows “Account Type” as “Open Account”; Equifax also shows “Type” as “Open.” I do not have any month to month agreement or any alleged Terms whatsoever with MC. Please correct this on my credit reports

 

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

Also provide an accounting of the interest charged, interest rate, any and all other fees on these alleged accounts since acquisition.

 

Either delete these trade lines from all three of my credit reports or reply within ten (10) days with the requested information.

 

Thank you

[ICANHASMUNY?]

what was the address on the statements they sent?

[Bman125811]

what was the address on the statements they sent?

 

About a half mile down the road from me.

 

The people there have the same last name as I do but I do not know them and would not know them if they came to my door.

 

A search of the county land records still show them as living there; or at least the land is still in their name.

 

Also, the statements that Midland sent to me & the CFPB all show my PO Box - every one of them. And when you pulll up the deed to my land the PO box is also listed on the front page and is hand written on it. No way you could miss it. Unless you are Helen Keller....

 

The person I spoke to at TransUnion when i first got my reports confirmed that it was Midland who reported the wrong address & phone numbers. I have the phone call recorded.

 

I forgot to put in there somewhere about my first letter to them "due to an administrative oversight it was not noted on my account" Should I mention this in the paragraph re: third party vendors?

Edited December 4, 2014 by Bman125811

[Bman125811]

 

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?

 

The 7 yrs isn't up until next year. I was surprised they actually had copies of the stmnts on the one account. Didn't provide any stmts on the Home Depot acct. But yes, the TU said I could not dispute it with them since it is being reported a closed.

I'm going to formulate a response and send it back through the CFPB I guess. They responded to them, but conveniently had an admin f@rt with my letter.

 

How do I get a screen shot from the SEC filing showing that they are buyers of CO'd CC debt to post here?

 

 

 

You put it somewhere like photobucket, then post the link here.

 

You can send it to me at the admin mail account, and I'll put it in my photobucket account if you don't have any place to put it.

 

I'll do it tomorrow, if you send it to me. I'm going to bed now.

 

If you could pull this so I don't have to "steal" somebody else's bandwidth I'd appreciate it. I can't see getting a photobucket acct considering I wouldn't be using it and it would be just another password and username to keep up with. Thanks

 

 

[breeze]

They won't let me. I guess they want their bandwidth stolen. See if you can download the image and email it to me. Maybe it will work that way. I keep getting nothing when I try to upload it.

[Bman125811]

Just received this notice re: the EQ dispute with Midland. This is the same dispute that I had 5 requests for info.

 

Anyway it is dated as yesterday. The same as the Midland response to the CFPB.

 

This is how it reads:

>>> We have researched the credit account. Account # − ********* The results are: There is no historical
account information currently on this account. Additional information has been provided from the original source
regarding this item. We have verified that this item has been reported correctly. The last payment date, date of last
activity and date closed are reporting correctly. If you have additional questions about this item please contact:
Midland Credit MGMT Inc, 8875 Aero Dr Ste 200, San Diego, CA 92123−2255 Phone: (844) 236−1959

 

If there is no historical info how can the TL state "Months Revd = 37" and the first EQ CR I rec'd online shows "Historical Data" ??

 

Also there is no mention of this account being disputed 12/3/14:

Status − Collection Account; Type of Account − Open; Type of Loan − Debt Buyer Account; Whose Account − Individual Account; ADDITIONAL INFORMATION − Collection Account;

 

Same Acct as of 11/18/14

Status − Collection Account; Type of Account − Open; Type of Loan − Debt Buyer Account; Whose Account − Individual Account; ADDITIONAL INFORMATION − Consumer Disputes −
Reinvestigation in Process; Collection Account;

 

Only other difference is the balance increased by $5

 

 

No change in the other acct except the balance increased by $4.

The last reported date is 11/25 and previous to that 11/07

 

 

I have not sent the response back to them via the CFPB yet.