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Letter to Midland


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I have 2 entries from Midland Credit on my credit reports.  They are both nearly 6 years old, close to 2 years past SOL in California.  I've written this letter, but before I send, curious if it is appropriate or should I word it differently?  Thanks for any input.

 

Additionally, I plan to dispute with the bureaus as I do not recognize either debt.  They are both Synchrony Bank but not listings from the OC, I did have 2 accounts with Synchrony and both were closed over 7 years ago.  One was PIF, the other I'm not certain.  

 

Dear Midland Funding,

 

This is regards to these two accounts you have listed on my credit reports; #********* and #*********.

This letter is to save us a great deal of time by telling you these alleged debts are out of the statute of limitations in the state of California.  Please cease all communication at this time other than to inform me you are stopping your collection efforts. 

Any continued reporting of this unverified debt will constitute the necessity for me to seek assistance from the CFPB, BBB, and FTC regarding your company’s violations of the FDCPA.

Sincerely,

 

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DO NOT send that letter.  Waste of time and riddled with errors.

 

First:  Midland is not required to respond to that letter in any way or cease reporting under any Federal law because you sent the letter.  Technically that is a combination cease and desist and debt validation letter which you NEVER send in the same letter.  They are only required to respond to validation IF you dispute within 30 days of their initial contact with YOU.  California does give its residents additional rights under state law to validation but you need to research those and invoke them clearly in your dispute.  Finding it on your credit report does not invoke the right to dispute under the FDCPA.

 

Second:  IF you really believe that this is beyond the 7.6 year reporting period then reach out to Synchrony about those two accounts and inquire as to when the DOFD was and/or final balance if one was paid off and closed.  Since Synchrony sold the debt(s) to Midland there is no risk in speaking to them.  If you can get confirmation it is beyond the reporting period dispute with the bureaus that it is SOL for reporting.  If it is verified, THEN you have FCRA and FDCPA violations and go straight to a consumer attorney.

 

Last:  the Federal courts are divided and unclear on whether a trade line to the bureaus is a "collection effort" and until someone challenges it all the way to SCOTUS and gets a final ruling your chances are not good that the courts recognize their continuing to report as a collection effort.

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On 5/29/2020 at 4:49 PM, CreditSucksNot said:

DO NOT send that letter.  Waste of time and riddled with errors.

 

First:  Midland is not required to respond to that letter in any way or cease reporting under any Federal law because you sent the letter.  Technically that is a combination cease and desist and debt validation letter which you NEVER send in the same letter.  They are only required to respond to validation IF you dispute within 30 days of their initial contact with YOU.  California does give its residents additional rights under state law to validation but you need to research those and invoke them clearly in your dispute.  Finding it on your credit report does not invoke the right to dispute under the FDCPA.

 

Second:  IF you really believe that this is beyond the 7.6 year reporting period then reach out to Synchrony about those two accounts and inquire as to when the DOFD was and/or final balance if one was paid off and closed.  Since Synchrony sold the debt(s) to Midland there is no risk in speaking to them.  If you can get confirmation it is beyond the reporting period dispute with the bureaus that it is SOL for reporting.  If it is verified, THEN you have FCRA and FDCPA violations and go straight to a consumer attorney.

 

Last:  the Federal courts are divided and unclear on whether a trade line to the bureaus is a "collection effort" and until someone challenges it all the way to SCOTUS and gets a final ruling your chances are not good that the courts recognize their continuing to report as a collection effort.

+1.

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