Midland Credit Management BBB complaint

[Anonymous]

I complained to BBB SanDiego on Midland Credit Management. Here is my complaint.

I pulled my credit report in December 2010 and I found that Midland Credit Mangement is reporting 2 accounts in my credit file. I immediately disputed the findings with the credit reporting agencies and Midland Verified the accounts as belonging to me. I requested the credit reporting agenies to validate the alleged debt in January 2011 and from that moment, Midland started reporting to the agencies with account status as "NO STATUS". It has been reporting the same from the last 4 months. As per FDCPA, any account that can't be validated in 30 days has to be removed but Midland hadn't addressed it.I have sent a Fax to Midland on May 6th 2011 stating to validate my debt again as a last resort to give them one more chance.Also I have sent them a fax on 7th of May to aknowledge the receipt of the fax to which they haven't responded. I don't see any use in continuting to deal with Midland so I decided to file a complaint with BBB. I want those accounts to be either validated with detailed statements or to be deleted from my credit file. This has been hurting my credit and my Job prospects.

I received a reply from BBB stating that Midland can't disclose my account information unless I sign a authorization form. I signed it with current date on background and sent it to BBB and BBB forwarded the complaint to Midland. Midland chose not to respond to the request from BBB and they tried second time and it's been almost a month.

Can I send my correspondence with Midland and BBB to the CRA's to get the CL deleted. Will the CRA's do that as I have proof from BBB . Also I have used EFax so that I can have a proof of sending fax.

Folks please let me know how to proceed hereafter.

Thanks

[sassymomof2]

I can't tell you how to proceed from here. Ill leave that for the senior folks. But I can tell you that I had a great experience working with Midland on two accounts. They were handled by the Northland Group one of their subsidiaries. I made payment arrangements on both for about 35% of what I owed them and they deleted from my credit report afterward. My job found out about my bad credit & basically told me I have to pay my bills or keep it moving. If you know you owe the debt, the morally right thing to do is pay it. Try to work out a PFD. Remember they can attempt to collect theoretically for ever even if its past SOL…

[llecs]

I'm not opposed to BBB complaints. It's a decent way to open dialog. Your complaint, though, has some misinformation in it which could be the partial reason why you are not getting the results. The "No Status" means nothing. Ignore it. Sounds like something EX would report. What's the alternative reporting? "Status"? The important items you would want to look out for is the DOFD, the balance, and the OC's name.

Per the FDCPA (sect. 809), you have a right to mail a DV disputing the debt and you must do so within 30 days of the dunning letter. Once the CA receives the letter, the must cease all collection activity (calls, letters) but they have an unlimited time to verify. They can take a week, month, year, etc., but they can not bug you for money. If they had not reported by the time they received the DV, then they cannot report either until they verify. The DV letters out there demand all sorts of stuff that is not required by law (e.g. copy of the agreement, registered agent info, all the statements, etc.). You can ask for that, but it isn't required. They do have to tell you the OC name, the balance, and the contact info. Only in Texas must CAs verify, update, or delete by 30 days.

If they came back to you with the OC info and you never did business with the OC, then call the police. You can then use the police report to get the TL deleted. If it is yours, but maybe the balance is wrong, then ask for an accounting from the OC to reconcile it. If it is yours and the balance seems right, then you'll know it. Send a PFD to the CA.

[fot1]

Looks like you confused Dispute and Debt validation some. I see nothing wrong with MCM's action and no reason  for a deletion..

[MattieNumNums]

My expeirience with Midland was that they didn't report correctly for months. I then called them and submitted a dispute and the next month it was removed completely from my report.

[RobertEG]

The CRAs are not a party to the DV process.  That process is a debt collection practices statute under the FDCPA.  DVs are not even reported to a CRA, and thus are not information in your credit file that can be disputed through the CRA under the dispute process of FCRA 611(a).

Violations of the FDCPA are handled by way of administrative complaint to the FTC, or civil litigation on your part.  BBB complaints result in letters back and forth, and can be useful, but are not an enforcement arm of the FDCPA.

The FDCPA does not require response within 30-days, and has no provision whatsoever for compelling CR deletions.  That is done under the two dispute processes of the FCRA.

I dont see an identifiable violation of the FDCPA, or of inaccurate credit reporting that would be disputable under the FCRA.  As was mentioned, "no status" simply means the absence of any credit reporting that month.  The status remains the last status that they reported.  Monthly "updates" that dont change status are often not made for obvious reasons.  They are irrelevant.