In need of some advice against Midland Credit Management please

[trsharpe27]

Hello myfico forum,

In April of this year I signed up for Scorewatch because I was planning on buying a new car and wanted to know where I stood and what type of interest rate I should be expecting. 

Unfortunately, I got a surprise instead in the form of a collection account from Midland Credit Management. According to information they have reported on my report I owe them over $900.

I do not see how this is possible considering, I have NOT defaulted on any debts since 2000 when I got two Capital One credit cards and basically spent way more then I could pay.  These two items went into collections and after a couple of years I paid them off and in 2008 they were removed from my credit report.

I have read through the forum and received some great information, but now I am not sure how to proceed.  To make matters worst, they updated all 3 credit reports to show a new balance of almost $1100 after the CRA "verified the debt." Needless to say, this drop my fico score

Steps I have taken thus far -

1. Sent a DV letter CMRRR to Midland Credit Management (which they did not respond to)
2. After waiting about 40 days for the DV response I sent dispute letters CMRRR to all three CRA (with copies of my DL, DV letters and signed green cards)
3. I received my responses from all three CRA stating that the debt was verified as mine and would remain on my credit report. The responses from TransUnion and Equifax were received about 8-12 days after they signed for my dispute and Experian response came about 20-25 days after they signed
4. I checked to see if they were Licensed and/or bonded (They are licensed as a foreign CA in Nevada)
5. Filed a complaint with the BBB (Still Open awaiting their response)

What should I do next?

1. File a complaint with the FTC and my AG
2. Just wait for the BBB complaint to be completed
3. Write a MOV letter
4. Send a second DV letter

All advise on this matter will be greatly appreciated. 

Thank you!

[Jax26]

What are they saying the debt is for? They had a Verizon account of mine that turned out to be my ex-wife. I just had to do an affidavit with them and it was deleted

[trsharpe27]

They have not responded to my debt DV letter so I do not know what the debt is for

[RobertEG]

I have a different outlook on  your problem.  I think it is with the OC, and not the CA or CRA.

if a CA asserts continued, unpaid debt, they can attempt collection forever, including reporting to a CRA,  FCRA 605(a) does not bar credtitor/CA reporting at any time, only the inclusion of that reporting in any CR the CRA issues after the falloff dates set forth in FCRA 605(a).  So I dont think your beef is with the CA, and maybe not even witht he CRA.  DOFD entry is the responsibility of the OC.  Its expiration is then the responsibilty of the CRA, but what was reported to them by the OC?

Did the OC ever post to your CR? 

My advice? secure a statement from the CRA of the recorded DOFD in your consumer file that was reported to the CRA by the OC under FCRA 623(a)(5).

[trsharpe27]

I think there is a bit of miscommunication here. There is no OC for me to contact as I have not defaulted on anything since 2000. The collection accounts I had for the two Capital One CC's were paid and removed from my CR in 2008. During that time I did not apply for ANY credit except student loans. It wasn't until Jan of 2008 that I applied for new credit and was only because I had received one of those pre-screening offers from tribute master card. I kept the Tribute card until they cancelled all of their accounts. I was never late on that account and it shows that on my CR as such. I recently got a BofA CC which have not been late on. 

That is why this Midland mess is such an issue. I have not defaulted on anything and they will not send me any information about this debt they claim I owe.  I did not open any account I

Midland

Status as of Mar, 2010

Date opened May, 2007 (I did not open any accounts in this year)

Date closed Not Reported

Account number Not Reported

Loan type Not Reported

Largest past balance $706

Terms Not Reported

Account Type Open Account

Account holder Individual

Scheduled payment amount $0

Descriptions

Consumer disputes this account information

Collection account

No contact information provided by Equifax

Balance Current Status Past Due Amount

$1,022 120+ days past

due $1,022

Seven year payment history

30 days late 0 times

60 days late 0 times

90+ days late 1 time (May 2009) (I only had my Tribute CC and I was never late on it)

Tribute

Status as of Apr, 2010

Date opened Jan, 2008

Date of last activity Apr, 2010

Date closed Not Reported

Account number Not Reported

Loan type Not Reported

Largest past balance $600

Terms Not Reported

Account Type Revolving

Account holder Individual

Scheduled payment amount $31

Descriptions

Account closed at consumer's request

Credit Card

No contact information provided by Equifax

Balance Current Status Past Due Amount

$50 Pays account

as agreed Not Reported

Seven year payment history

30 days late 0 times

60 days late 0 times

90+ days late 0 times

Worst Delinquency

None Reported

The Worst Delinquency

Bk Of Amer

Status as of Mar, 2010

Date opened Feb, 2010

Date of last activity Mar, 2010

Date closed Not Reported

Account number Not Reported

Loan type Not Reported

Credit limit $400

Largest past balance Not Reported

Terms Not Reported

Account Type Revolving

Account holder Individual

Scheduled payment amount $15

Descriptions

Secured credit card

No contact information provided by Equifax

Balance Current Status Past Due Amount

$312 Pays account

as agreed Not Reported

Seven year payment history

30 days late 0 times

60 days late 0 times

90+ days late 0 times

Worst Delinquency

None Reported

[guiness56]

Until Midland responds to your DV they cannot continue collection activity.  They are in violation of the FDCPA if they do.

I would file complaints with the BBB, FTC and your states AG office.   You can sue Midland for noncompliance.