Minor when I got the card

[Anonymous]

I have an old Citibank account that Midland Credit is collecting on.  As of this momemnt I have DV'd them to which they just sent back a letter saying they had verified with Citibank that i do owe this money.  I have sent a second DV that I haven't heard back on yet.  I know these guys are tough, but I just remembered that if I am not mistaken I actually got this card when I was 16.  I was already an AU on my parents Amex Gold and applied for Citibank and got the card.  I got behind when I was around 21 and they CO'd the account.  My question is how do I find out when the card was issued.  Citibank is not on my CR's, only Midland.  Midland has only provided the CO date of 2002 and nothing else.  I don't want to cause Citibank to start reporting, but if I was a minor isn't that grounds to have the item deleted off my credit reports??

[Anonymous]

technicality,  but you were NOT a minor when the account went to CO (actually 3 years past) - assuming that you made payment from age 18-21 being a minor when opened won't stand for much because you accepted responsibilty for the debt when you became an adult by making payments on the account.

[Anonymous]

Ok. Thanks.  I am just looking for some way to get them to do something.  I know I didn't pay and should pay, but not what Midland is saying I owe.  I was on a payment plan with them for a while and had the balance down to like 2,000 now they are saying that I owe over 3,000.  I can't get them to respond, delete or get the CB's to delete through disputes.

[Anonymous]

Have you DV'd?  An accounting of how it wentfrom $2k to $3K would be in order.

If you have DV'd and they haven't responded then a complaint with state AGs (theirs and yours) and the FTC is in order.  Once you file the complaints hen an ITS letter to Midland for collection activity after  they failed to validate....

Midland seems to love the ignore the law (from what I've read here - haven't dealt with them personally).  Make sure you are past SOL for the last payment due on the account (when you had payment arrangements nno the original acocunt payment due) - that way you are covered whether your state SOL is based on DOFD or DOLA.

[Anonymous]

It was a CO account and it was never brought current.  I know I am past the SOL from the DOFD as they gave me the CO date and it is even past the SOL.  In fact the account will fall off completely the first of next year.  The problem is I am going to be looking for a house later on this year so I need this gone before then.  I was just waiting the last few days to hit 35 days since I sent the 2nd DV letter.  Then I move on to the AG, FTC and ITS letter.

[Anonymous]

In your 2nd letter....did you give them 15 days to delete?  because you are sure that you are past SOL  send them this letter  CMRRR

Did you send the DVs  CMRRR?   

As always  make all changes where needed   DO NOT SIGN  just type name

 

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

Thank You,

type your name