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Member
lowermyrate
Posts: 9
Registered: ‎06-29-2007
0

Midland Credit Management

Last week, I'd notice that midland credit management posted 120days past due for $1700.00. I had contacted them and they told me it was for an old emerge cc. And I also had another listed with them for a old Spiegel account and I made a payment back in Feb 2008. and this one is in legal and they really can't discuss. These are my accounts that are more than tens years old and. Is the sol up for these accounts. I may have made a payment on the emerge account but not this year. How can I fight them and remove this off of my report. My credit score drop 26 points since they started messing with me. Please attached examples. I'm not good with abbreviations. Details response please.
Valued Contributor
stef37
Posts: 2,205
Registered: ‎12-06-2007
0

Re: Midland Credit Management

Can you tell us the date of first delinquency that is reported on your credit reports? Equifax will go by the date of last activity.
 
What state are you in?
 
Valued Contributor
stef37
Posts: 2,205
Registered: ‎12-06-2007
0

Re: Midland Credit Management

After checking another post you made, I see you are in NY. SOL is 6 years. If you paid them at all, it can reset the SOL for collecting.
 
The time for them being allowed for reporting is different. It is 7/7.5 yrs. If this is older than that, it should not be on your credit reports. Also, anything that is paid in NY should be removed in 6 years as per NY law under FCRA.
 
Here is a sample DV to send Midland. Make changes where necessary.
 
 

Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name TYPED (Do Not Sign)

 
Member
lowermyrate
Posts: 9
Registered: ‎06-29-2007
0

Re: Midland Credit Management

The original creditors drop off of my experian report. Midland just posted last week. I do have providian showing as payed but they sold the account to emerge in1999.
Valued Contributor
stef37
Posts: 2,205
Registered: ‎12-06-2007
0

Re: Midland Credit Management



lowermyrate wrote:
The original creditors drop off of my experian report. Midland just posted last week. I do have providian showing as payed but they sold the account to emerge in1999.


I'm not real sure on how that works in NY if it is marked paid, but actually transferred due to being charged off.
 
I would check on your dates to be sure they aren't reporting past the 7 to 7.5 year time frame.
Member
lowermyrate
Posts: 9
Registered: ‎06-29-2007
0

Re: Midland Credit Management

Last activity was in 1999. I will send the dispute letter and keep you updated.
Valued Contributor
stef37
Posts: 2,205
Registered: ‎12-06-2007
0

Re: Midland Credit Management



lowermyrate wrote:
Last activity was in 1999. I will send the dispute letter and keep you updated.



If the date of last activity was 1999, then they are past SOL for collecting AND reporting. This certainly should not be on your reports. You can dispute with the CRA's as 'obsolete'.
Valued Member
tabbycat72140
Posts: 43
Registered: ‎01-09-2008
0

Re: Midland Credit Management

I feel your pain.   :smileymad: I have the same thing on my credit report for a charge  that is over 4 years old. it is showing 120 days and as an open account..  I have also received letters from them recently with a payment plan.  I live in PA and the statute of limitations is 4 years which means that there is nothing legally that they can do... Also it is on my Equifax credit report twice with 2 different balances and I can not get it removed. I have just filed a complaint with the attorney general, hopefully that will get things moving.  If anyone has any other ideas I would be glad to hear them....
Regular Contributor
vesper
Posts: 234
Registered: ‎03-23-2008
0

Re: Midland Credit Management



tabbycat72140 wrote:
I feel your pain. :smileymad: I have the same thing on my credit report for a charge that is over 4 years old. it is showing 120 days and as an open account.. I have also received letters from them recently with a payment plan. I live in PA and the statute of limitations is 4 years which means that there is nothing legally that they can do... Also it is on my Equifax credit report twice with 2 different balances and I can not get it removed. I have just filed a complaint with the attorney general, hopefully that will get things moving. If anyone has any other ideas I would be glad to hear them....





Same with me. They are listed twice on EX, but same amount. I disputed EX 2 weeks ago about it.
Moderator Emeritus
HappyDays
Posts: 7,326
Registered: ‎06-18-2007
0

Re: Midland Credit Management

Send them the *past SOL  CRTP letter.
 
read it & make the changes..............do NOT say anything about making a payment.
 
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.

ONLY TYPE YOUR NAME
 
I would also file a complaint  www.ftc.gog

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