Midland Funding/ Credit lied to me.

[Cleaningitup2016]

I am trying to repair my credit.

I owed them $500 for a charged off credit one bank account. I called the EO of C1B and was told for them to delete, MCM would need to send a letter stating they deleted.

I called midland and was told by the rep if I paid it off, it would be deleted, and made a payment over the phone with my debit card.

After the payment was charged, he said "oh...well it's actually our policy now you must wait 2 years after the DOFD before we can delete this".

I've called MCM at every phone number available including their US Office in CA, and they won't admit any liability for being deceived into making a payment.

I DO realize that MCM or any CA does not HAVE to delete, but I felt I was lied to in order to pay this off. 2 years after the DOFD is August 16, 2017, I am wanting to purchase a newer car and take out some student loans to attend college, but this account is having a big effect, because MCM and C1B are both reporting.

I am really at a loss on what to do.

[Anonymous]

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@TimGodsil wrote:

I am trying to repair my credit.

I owed them $500 for a charged off credit one bank account. I called the EO of C1B and was told for them to delete, MCM would need to send a letter stating they deleted.

I called midland and was told by the rep if I paid it off, it would be deleted, and made a payment over the phone with my debit card.

After the payment was charged, he said "oh...well it's actually our policy now you must wait 2 years after the DOFD before we can delete this".

I've called MCM at every phone number available including their US Office in CA, and they won't admit any liability for being deceived into making a payment.

I DO realize that MCM or any CA does not HAVE to delete, but I felt I was lied to in order to pay this off. 2 years after the DOFD is August 16, 2017, I am wanting to purchase a newer car and take out some student loans to attend college, but this account is having a big effect, because MCM and C1B are both reporting.

I am really at a loss on what to do.

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TBH I fought with them for 2 years and got nowhere. mMne finaly fell off after they changed their policy in October of last year in all actuallity your report is probably better because it's now a paid collection on your report and not an open collection, it's always best to get it in writing and then pay. you could try a BBB, CFPB complaint but I'd assume by the time it was fought and a bunch of energy spent august is right around the corner. 

You could even attempt a goodwill to midland to see if they may exclude early because you are so close tp the 2 year mark. I'd put my energy maybe in doing that, it might yield better results. 

[Anonymous]

I willl also add do a search here, credit one has been known to do a goodwill also once the collection has been paid. I had mine goodwill and credit one deleted the trade line from my CR.

[RobertEG]

if they made that agreement prior to your paying, it is a contract term for which they can be sued for breach of contract.

While oral contracts are harder to enforce, you have the ability once you bring civil action to use the court's pre-trial discovery process to compel their production of any taped converstations in their possession, and the ability to take testimony from the offending rep.

I would send a notice of intent to sue for breach of oral contract, givng them 30'ish days to delete or else you will file a civil complaint.

[Cleaningitup2016]

The state I live in...is a 2 party state, meaning each party HAS to be aware you are recording them, and it is in my past experience most companies don't like you doing that.

Midland Funding (not credit, even though it's the same company) called me tonight regarding a C/O from QVC QCARD, since QVC just now sent it to collection, I was able to pay it at 22.5% off (lowest I could get the manager to go, which I guess is customary for a new account).

They said since it has been paid within 90 days, it will not report. I can then hopefully get SYNCB to then close that tradeline once I get a letter from Midland.

[fltireguy]

TimGodsil, but, if you call them, THEY will tell you the call is being recorded- there's your consent

[Cleaningitup2016]

I called them today and told them they were in breach of oral contract, the rep threatened to put a "attorney restriction" on my account, which pretty much means that they would only answer the phone or reply to a letter if it was from my attorney.

So I asked to speak to their supervisor, and I told him I am giving him one last chance to make this right before legal proceedings were brought against his company.

I told him "policy or no policy, there is nothing stopping MCM from sending a letter to all 3 bureaus asking to have this tradeline deleted. "

*was on hold 12 minutes*.

He comes back stating he talked to his manager, and they are "going to investigate the actions of the employee who stated this, and may make an exception if it is found in my favor, to call back in a week to see any updates".

[Anonymous]

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@Cleaningitup2016 wrote:

The state I live in...is a 2 party state, meaning each party HAS to be aware you are recording them, and it is in my past experience most companies don't like you doing that.

Midland Funding (not credit, even though it's the same company) called me tonight regarding a C/O from QVC QCARD, since QVC just now sent it to collection, I was able to pay it at 22.5% off (lowest I could get the manager to go, which I guess is customary for a new account).

They said since it has been paid within 90 days, it will not report. I can then hopefully get SYNCB to then close that tradeline once I get a letter from Midland.

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As a matter of law, the second their OGM says "we may be recording this conversation for <any or all listed reasons> reason, they just gave you permission to record also.

[Anonymous]

Good morning,

Is the wait 2 years after the DOFD before we can delete this from the time they received the debt or the original creditor reported it's DOFD.

[Anonymous]

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@Anonymous wrote:

Good morning,

Is the wait 2 years after the DOFD before we can delete this from the time they received the debt or the original creditor reported it's DOFD.

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DOFD does not change as the file is handed from collector to collector or creditor to creditor. If it does change, whoever changed it is guilty of the FCRA violation called "Re-Aging" and if a third party collector also the FDCPA violation of "Misrepresenting the Debt". There is absolutely NOTHING a creditor can legally do that would change the DOFD.