Now what?

[despair808]

Without going into too much detail, I have one remaining MIDLAND account on my credit reports. Prior to me even knowing about CB, I paid the collection in full. After joining CB, I learned about the CRA's reporting accurately and took a hard look at my CR from all 3 CRA's. I found many things that were wrong with the account and the way it was reporting..... such as showing 1 month terms, open account, etc....

I sent a letter to MIDLAND a few weeks ago and listed the FCRA violations (about 5 violations) and telling them they needed to delete the tradeline.. Today I got a response back from them saying the the account was reporting accurately even after I listed what was wrong and what the FCRA rules says.

My question is, can I even do this even if I paid the account in full? If I can, then what should my next step be? BBB? AG Office? FCRA?

Thanks in advance!

Edited June 11, 2015 by despair808

[cv91915]

I'm not clear what you say was reporting inaccurately and why you think that.

[despair808]

They are reporting the account as an open account. They are showing 1 month terms as if they are the creditor. Also showing is "At least 120 days late or 4 payments past due". There are 2 more things, but I cannot remember at the moment as I am not at home where the letter I sent them is located.

[tweak]

The "1 months terms" might be accurate - I think it means due in full each month (as opposed to a 60-month term for an auto loan, for example).

 

The "120 late, 4 payments past due" sounds inaccurate to me for a collection tradeline.

 

Does it say "factoring account"? If so, that is worth attacking, although a legal grey area.

 

===

 

If you want more eyes on this issue, post the details of the tradeline as reported to each CRA here (without acct num, other identifiable info).

 

I would suggest disputing with the CRAs instead of Midland, using the Jack Attack.

 

However, the fact that you disputed some of these data items with Midland already may prevent similar disputes with the CRA from being effective.

 

 

Good luck!

[despair808]

I want to push it further with the State AG or BBB or someone because in my opinion, it is NOT reporting correctly. Just my feeling and thought right now...

[tweak]

Have you ever disputed it with EX, TU, and EQ?

 

I'd try that first.

1) You may get it deleted

2) If not, you'll have a better case if you tried the normal methods first (CRA disputes) before involving the CFPB, AG, and/or BBB.

[despair808]

Thanks tweak. I did a long while back.

[cv91915]

I want to push it further with the State AG or BBB or someone because in my opinion, it is NOT reporting correctly. Just my feeling and thought right now...

"Open" in this instance is the account type, not its status.

 

I am making challenging comments because you won't legitimately win a dispute based on what you "feel."

 

You really want to find things that aren't reporting in accordance with the law. What you think is right, fair or logical is completely immaterial.

Edited June 11, 2015 by cv91915

[despair808]

cv....yes, i said what I feel, but I should have said that I saw here on CB someplace that Midland cannot supply information to the CRA's that makes them look like the creditor. I cannot find the topic or post, but I know I saw it here. Am I right that they cannot do this?

[despair808]

tweak, do you have info on how I can attack the Data Factoring? I cannot find anything on that. Thanks!

[tweak]

You probably want to dispute with each of the CRAs using the Jack Attack.

This is where you dispute specific line items, and send your dispute in writing to each CRA by certified mail.

 

For example.

- This is not a factoring account. Please correct or delete.

(and so on, for each incorrect data point)

 

I agree with cv that you need to have a solid understanding of exactly what is allowed and what is not allowed in how the tradeline reports.

 

If you want help identifying the reporting errors and crafting jack attack letters,

please post the Midland tradeline as it appears on each CRA - EX, TU, and EQ - leaving out account numbers, other identifiable info.

[despair808]

EX, EQ and TU in that order......

 

 

MIDLAND FUNDING MIDLAND FUNDING LLC MIDLAND FUND

 

Account # XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

 

Account Type Debt Purchase Open Account Collection Account

 

Balance $0.00 $0.00

 

Date Opened 12/1/2011 12/1/2011 12/28/2011

Account Status Closed Open Closed

Mo. Payment

Past Due

Payment Status Paid, was a 120 days or more Payment after charge off / collection

collection account, four payments past due

insurance claim or

government claim

or was terminated

for default

High Balance $1,771.00

Limit

Terms 1 Month

Comments Account in dispute-

reported by subscriber PAID COLLECTION Account information disputed by consumer

Edited June 14, 2015 by despair808

[tweak]

EX and TU appear to be reporting correctly to me. They also note that you have previously disputed.

 

The reporting on EQ is messed up.

 

Here is a sample Jack Attack letter you could try. Send by CMRR to EQ.

(If the original amount is questionable, also dispute the "High Balance".)

 

Me

My Address

City, ST 12345

 

Equifax

Address

Atlanta, GA XXXXX

 

RE: Report # XXXXX

 

Dear SIr or Madam,

 

I am writing to dispute Midland account # XXXX on my credit report. My DOB is MM/DD/YYYY. My SSN is 123-45-6789. I have included a copy of my driver's license and a recent utility bill to verify my identity and current address.

• The Account Type is not accurate. Please correct or delete.
• The Account Status is not accurate. Please correct or delete.
• The Payment Status is not accurate. Please correct or delete.

Upon conclusion of your investigation, please mail me an updated copy of my credit report.

 

Sincerely,

despair808

Edited June 14, 2015 by tweak