Cohen & Slamowitz: Midland Funding

[CreditCardDiva]

What should I do?

I have a public record civil judgement on two of my credit reports, from Midland Funding.  The judgement was filed in  Queens NY (I don't live and have never lived in NY) for someone with my name and SS#, and a NY address.  I've filed online disputes with both credit bureaus, and spoke with Experian directly.

I called the court in Queens earlier today, asking for information on who was served, when it happened, etc.  They referred me to Cohen & Slamowitz, the law firm representing Midland. I called and was transferred to a 'Lynda" who is an attorney.  I explained that I have no knowledge of this judgement/debt (Providian 2001 account), that I was not properly served and I had no opportunity to defend myself, and I need documentation on the supposed debt,  when I was served, and where. I did verify my name, address and ss#.

She said that it's "obvious" there was a mixup and that I wasn't served properly according to the law. She asked for proof (IRS tax info from 2007) of my address at the time the judgement was served, and stated she would have the info removed from my credit reports, once she received verification. I will have the info from the IRS in a week. Do I send it? Do I let the credit bureau handle it, and then go from there?

[RobertEG]

My advice.....

I would first infer, from the fact that the law firm said they would handle the credit reporting "mixup," that they are the party who furnished the information to the CRA.

As the furnisher of the inaccurate information, you have the right to send them a direct dispute over the accuracy of their reporting.

You can choose to just wait, and let them handle it at their convenience, not yours.

Personally, I would send them a direct dispute under FCRA 623(a)(8), and put them under a 30-day dispute period to respond back to you, either that they have deleted or that they consider the reporting to be accurate. 

[CreditCardDiva]

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@RobertEG wrote:

My advice.....

I would first infer, from the fact that the law firm said they would handle the credit reporting "mixup," that they are the party who furnished the information to the CRA.

As the furnisher of the inaccurate information, you have the right to send them a direct dispute over the accuracy of their reporting.

You can choose to just wait, and let them handle it at their convenience, not yours.

Personally, I would send them a direct dispute under FCRA 623(a)(8), and put them under a 30-day dispute period to respond back to you, either that they have deleted or that they consider the reporting to be accurate. 

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Thanks for the reply. I think I'll wait to see what happens with the bureau disputes. If it remains I'll follow your direction and file a direct dispute - should I send the documentaton (proof of my whereabouts at the time of the judgment), or is that not necessary?

[RobertEG]

It is always preferable to send any documentation that supports your dispute.

That is the key reason why I would not have disputed through a CRA.  The CRAs use an automated dispute resolution system, known as e-OSCAR, under which they reduce your dispute to a code number and refer that form to the furnisher of the disputed information.  They rarely send any of your supporting documentation, and thus you get a sanitized investigation by the furnisher, who then uses the same electronic check-form method of responding back, through e-OSCAR, to the CRA.

However, when you send your dispute directly to the furnisher of the disputed information, you are assured that all supporting documentation is received by them.

That is the main reason the direct dispute process was implemented.

In your situation, having first disputed through a CRA, if you later file a direct dispute that is substantially the same as a dispute that has been resolved through a CRA, the direct dispute rules permit the furnisher to decline to do a second investigation, and can summarily dismiss the direct dispute as "frivolous or irrelevant."  They dont have to decline to investigate your second, direct dispute, but have the authority to do so if they so choose.

If you want to use the direct dispute process for its obvious benefits, it should be your first dispute.  You should not first dispute through a CRA.

[dobirdsmommy]

They were nicer to you then they were to me.

They served an old address of mine that I had been out of for 3 years and were still sending mail there.

Next thing I know I get a notification from Washington Mutual that my account was Levied and C&S were the culprits.

They took 3k that I had in there and said lets call that even.

I fought it and lost. Needless to say I just had another collector come after me for the same account from 1999. WAY PAST NY SOL.

All I did was forward my 2006 statement to the CRA and the CB's

[CreditCardDiva]

I don't know. I'm discouraged. I shouldn't have disputed thru the bureaus. Okay. Well, I don't feel right about sending a law firm, that is known for violating consumer rights, any tax information on me...that could possibly be used against me. I don't trust them, and I have good reason not to - they're not legit.

I spoke to an attorney today...who wasn't very helpful. He told to me contact a NY attorney with questions, because the  judgement was filed in NY.  He was rude and snappy.

I know how it feels to want to quit with trying to "fix" stuff that you shouldn't have to fix. I might as well just wait two more years, and let it drop off. I can't afford an attorney. They're too expensive...and I know a NY attorney will take me to the cleaners.  What amazes me is Midland Funding/Cohen & Slamowitz haven't been shut down for illegal practices. The fact that they can do this to people - freeze bank accounts, improperly serve consumers, etc. just makes me tired and sad.

[CreditCardDiva]

**UPDATE**

I got the results from my Experian dispute....the judgment that didn't belong to me is....GONE! (along with the other two things that didn't belong to me).

Now I can relax....for the time being. Oh, I forgot: I filed a complaint with the FTC.

[fused]

A super Congrats to you!!!!!!

[CreditCardDiva]

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@fused wrote:

A super Congrats to you!!!!!!

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Thanks, fused...considering that online disputing is not recommended (just found that out). The Experian rep was SO nice on the phone, and he recognized immediately that my credit report had been merged with someone else's.

If there's a next time, I'll send dispute letters directly. But this was fast (I didn't have the expected 30-day wait, and I'm not sure why), and my correct information was updated.

[yomellamoFICO2013]

Dealt with C& in the past,frozen bank acct too,was never served,I feel like countersuing,need to get paper proof first.