How To Handle Collections Agency When Still in SOL?

[Anonymous]

I am in SOL.  Midland is trying to collect over a grand and every month they add more money.  It is an open collectins account with Equifax.  It says DOFD 2006.  On another CR the OC is Aspire.  Midland started reporting this in Jan 08 and has reported every month since then so it looks like a new collections every month.  I do NOT have, what is now 1100 to pay these people when I never had an 1100 bill with Aspire, as far as I know.  My credit limit was only 3 or 400 at the time.

?1. Do I even bother DVing them while still in SOL

?2. If I do DV them, can I use as a basis of the dispute the fact that they are listing my having paid them in 2006 when I know I did not pay them or Aspire in 2006.

?3 Can they list as a revolving account?  Equifax says yes.  Ironically, on my CR, they are  being listed as my oldest account with an open date of N/A. 

I know there are a lot of questions about Midland, I and for one have asked many of them.  I just need a clear cut understanding of whether or not I should even bother challenging this while the SOL is still in effect.

?4 Also, I read a post where someone said , if a CA does not verify/ validate then they must stop collections altogether.  Is it true or is it that they must stop reporting?  In other words, even if they do not validate, can they still sue me later?

?5.  This collections just showed up without my having received anything from them that I can remember.  I know normally CAs send letters giving people a time frame in which to respond.  If you do not respond in that time frame, can you come back, let's say years later and still DV them?

Thanks.

Message Edited by RecoveringMyLife on 04-09-2008 05:52 PM

Message Edited by RecoveringMyLife on 04-09-2008 05:52 PM

[Anonymous]

So is the DOFD 2006 wrong?

[atlastontheroad]

---

RecoveringMyLife wrote:

I am in SOL.  Midland is trying to collect over a grand and every month they add more money.  It is an open collectins account with Equifax.  It says DOFD 2006.  On another CR the OC is Aspire.  Midland started reporting this in Jan 08 and has reported every month since then so it looks like a new collections every month.  I do NOT have, what is now 1100 to pay these people when I never had an 1100 bill with Aspire, as far as I know.  My credit limit was only 3 or 400 at the time.

?1. Do I even bother DVing them while still in SOL

?2. If I do DV them, can I use as a basis of the dispute the fact that they are listing my having paid them in 2006 when I know I did not pay them or Aspire in 2006.

?3 Can they list as a revolving account?  Equifax says yes.  Ironically, on my CR, they are  being listed as my oldest account with an open date of N/A. 

I know there are a lot of questions about Midland, I and for one have asked many of them.  I just need a clear cut understanding of whether or not I should even bother challenging this while the SOL is still in effect.

?4 Also, I read a post where someone said , if a CA does not verify/ validate then they must stop collections altogether.  Is it true or is it that they must stop reporting?  In other words, even if they do not validate, can they still sue me later?

?5.  This collections just showed up without my having received anything from them that I can remember.  I know normally CAs send letters giving people a time frame in which to respond.  If you do not respond in that time frame, can you come back, let's say years later and still DV them?

Thanks.

---

1. Many will say don't DV if in SOL.  For me, since I want it done, it's worth risking the lawsuit.  In fact, I relish the opportunity to arrive in court with $100 worth of CMRRRs related solely to Midland and their slimy reporting.  I can prove I've tried to contact them repeatedly.   Think they can do the same?

2. Put the entire burden where it belongs: on them.  Do not acknowledge the debt as yours in writing.  Can you be absolutely certain that they have a right to collect without seeing what THEY have to prove it? (I absolutely do NOT advocate trying to get out of something you owe, but any CA that violates reporting law is not going to consider my rights either so I'm not giving them a shred of ammunition)

3. They're reporting variously for me as a collection on one CRA and an open, 120+ past due account on the other.  It takes some thought to report differently to two similar organizations, I'd love to know why this happens.  I'm hoping that the attorney I contacted can answer this one for me.

4. If they can't validate, by FCRA they can't report. Does it stop them?  No. 

5. Same for me and I've seen other people say the exact same thing.  Seems to be a Midland SOP. 

Recovering,

I've DV'd them three times.  EQ and EX have "verified" with Midland a total of six or seven times since I mailed the first DV.  They've never responded.  Yes, I'm in SOL.  The alleged balance is less than yours but after spending countless hours writing/modifying/mailing I finally acknowledged that I needed a professional.

So, I'm waiting to hear from an attorney whether this is worth her time to proceed with federal lawsuits.  A life and object lesson for me has been "Give it up when it's more grief than it's worth."

atlast....

[Anonymous]

You know what sidewinder, if I am reading this correctly, Equifax has it down as DOFD 8/205 now that I look at it more closely.  Then there is Date of Last payment of 9/06.  I do not remember paying anyone anything in 9/06.  It is as if they are making up dates.  I do not even know if I had this card after 2004 and of course, I cannot find a working number for Aspire Visa to get the information.

[Anonymous]

Atlas,

I do not know what Midland has the right to do. I do know that they are reporting very differently on the various CRA. I think I had Aspire in 2004, maybe early 2005. I know that off the bat, they were hitting me with very high late fees and over the limit fees. Like I said, I had maybe a 400.00 credit limit and after one reporting cycle, they were saying I owed about 700. The thing is, Midland is reporting open collections on Eq and Installment on Experian, 120 days late.. etc.

I do not get all of these different dates how the heck to I have credit limit with a collections agency?

Ex

Date Opened:   
04/2006  (This is the date of what being opened? )

Type:
Installment

Credit Limit:
$952

Monthly Payment:
$0

Date of Status:
08/2005

Reported Since:
08/2005

Recent Balance:
$1,014

Last Reported Date:
12/2007   

Equifax

Date Reported: 03/2008

Date of First Delinquency: 08/2005

Transunion

Original Creditor:

ASPIRE VISA Responsibility:Individual Condition: Derogatory Original Balance: $952 Balance: $1003 Date Opened: 04/07/2006 Date Reported: 02/12/2008

I was not clear with your response, can I still DV them although I do not have a letter from them?  If they have had this account for years, maybe they sent one and I trashed it.  I know I have not gotten any in the past year.  I would have remembered it.