Credit One/ Midland: Zombie Debt

[WayUpto850]

Greetings myfico community,

Background: I have a Credit One CO that I need removed.  I paid the debt via a DMP. The acct is set to come off my credit report in Nov 17 (Early Exclusion).  Midland purchased the debt and has stalked and harassed me for years behind this debt, including lots of unethical tatics such as telling me I would be arrested if I didnt pay; calling friends, family and employer; repeatedly filing lawsuits then dropping them.  Superior Courts in my County have summoned Midland to appear in Court to explain why they should not be sanctioned. Midland Attorney has been prosecuted (and I believe disbarred) for her unethical practices on a Senator - she got an illegal default judgement on him and garnished his pay for an account that was not his - she went after the wrong "Jose".  The real Jose was unemployed - but the Senator was easy pickings - employed and easy to locate.

I have filed complaints with the FTC, Atty Gen, and disputed with all 3 Credit Bureaus.  All Credit Bureaus have removed the Midland acct from my credit report - but the original charge off remains on two credit bureaus.  All credit bureas have zero balanced the zombie debt. I have sent Midland multiple certified letters requesting debt validation and disputing the acct and informing them I have paid the alleged debt via a DMP and I have provided the receipts.  I think theyre gone - then months or a year later they rear their ugly heads again saying I still owe. 

I want to sue - but I need to get organized enough to catch them violating my rights and lay out the entire "zombie debt" case.

I am going thru my old files and discoved some of the lawsuits they filed against me back in 2012 and 2013.  In the lawsuit Midland attorney states they "dismiss the suit without prejudice". Yet Midland continues to say I owe.

Any advice?  Seems like they are continuing to violate my rights but I'm not sure where to start.  I plan to ask my network attorney in the morning.  Thanks for any knowledge you can share. 

[WayUpto850]

OK, after reading another post, I have decided to send Credit One a GW letter.  I have not done this before, but I hope it helps to get this off of my Credit Report.  I included a copy of Midland's dismissal of the lawsuit.

I did not mention Midland's collection activities in the GW letter - I noted to myself how the Midland Atty only dismissed the case AFTER the Court summoned her to appear and explain why the Court should not sanction Midland for their abusive use of the Courts towards me (filing multiple lawsuits, repeatedly calling me, stalking me, threatening to put me in jail, harassing me and my family, friends, and employer - then dropping the lawsuit, only to file it again until the Court intervened (Once I was able to determine who was harassing me, I filed complaints with the FTC, Atty Gen and local PD).

Being the account is set to age off my credit report at the end of this year; and being Credit One no longer owns the acct; combined with the fact that before I defaulted on the acct due to a major health issue, I had been in good standing for many years;  hopefully these things will all compel Credit One to extend GW towards me.

After reviewing the past crap Midland put me thru I really want to pursue them legally for continuing to allege I owe them after I not only was mercilessly harassed by them, I paid them and they still won't go away and stay away....zombies!!!!

[WayUpto850]

UPDATE: Network Atty is going to send a Demand letter to Midland.

[Anonymous]

@WayUpto850.

Sorry to hear that you have had problems with Midland.  It appears that you have 2 separate issues going on.  Although you are attempting to settle the account issue with Midland, the issue with Credit One is straightforward.  Since they charged off your account and sold it to Midland, then you have approached the situation correctly by asking for a GW deletion of your account.  I was able to successfully request a deletion and it was granted.  I hope that you are able to achieve the same result.

Keep up updated on your progress. 

[MrTom]

Its sad that a lawyer Midland hired is giving them a bad name. 

If you E-Mail the credit one CEO, you can google hi E-Mail address, they generally are quick at deleting if you are granted a delition request.

As for the Miland issue, I would emphise the complaint more on the affilate of Midland then Midland. Midland asigns collections to lawyers in the area of the debtors or collection companies with in house lawyers. You may not even know if its assigned to a 3rd party lawer, becasue if you call Midland they don't eventell you that.  All they tell you is one moment while I transfer you to thay department if you try calling Midland direct. Im in Minnesota and I called to payoff a collection account with Midland to an affilate.  The affiliate here made me pay 50 dollars extra saying it was for court fees. They claimed I was served with documents but I was never served or seen the serving papers, but I stil had to pay the fee. To this date I still have not seen my serving papers or been served that I paid 50 dollars for and this was months and months ago.  It goes to show how an affilate of Midland can quickly give Midland a sour name.

[WayUpto850]

Thanks for the encoragement kaykay65!! Its been a long road dealing with Credit One and Midland.  I sent a GW letter via snail mail, but will follow-up with email to CEO.

[WayUpto850]

You may very well be correct MrTom that the cray cray debt collection activitiesw are being implemented by Midland's affilliates.  I hope Midland learn to choose better associates.