Midland Funding is STUBBORN for sure

[Anonymous]

OK, over my pity party, and the resulting hangover, and back to work on my credit. So I go to check on my disputes. Midland funding is reporting $767 for a T mobile bill that was paid at the time I terminated my service with them over 8 years ago.Naturally, I disputed. It came back as "meets fcra requirements". But it also now shows closed. Not paid, no closed date, just closed. For real, Midland?? Good grief. Just take it OFF my report already. Ugh. I hate Midland. They are a Never Say Die til the bitter end kinda company, aren't they? These people make me have to take a few minutes to get right with the Lord, and I am not a religious type person. Did I mention that I hate Midland?

[Anonymous]

Midland and Portfolio are  being sued, all over the news, did you happen to see this?  They are removing collections and judgements from credit files now. Hope this helps

[RobertEG]

Exclusion of a collection is the responsibility of the CRA.  Debt collectors dont "report" exclusion.

Their responsibility ends with reporting of the DOFD to the CRA, which they have presumably done.  After that, it is the responsibility of the CRA to monitor time lapsed from DOFD, and to exclude no later than 7 years plus 180 days from the DOFD.

If the reported DOFD was more than 8 years ago, then the CRA is the party at fault.

However, if the reported DOFD was less than 7 years plus 180 days, your dispute would be with the debt collector for inaccurate reporting of the DOFD.

Any disute would be required to provide documentation of an earlier actual date of first delinquency.

What is the reported DOFD?

[Anonymous]

Okay will the letter I received from MidLAND States they have closed the account, and no longer collecting on it.  Wehave instructed  the three major credit reporting agencies to delete the account from your credit file. But doesn't affect credit reporting of this account by the original creditor.

Spoke to equifax and they said it will be deleted  within 30 days.

[RobertEG]

Yes, if it is clear that a debt collector no longer has collection authority and the debt remains unpaid, CRA reporting policy is that the collection should be deleted in order to prevent two simultaneous collections being included in a consumer's credti report on the same debt should another debt collector then report collection authority.

[Anonymous]

My issue is there never was a valid debt to start with. I had 2 lines with T mobile. I ended the contract early so I paid final bill plus early termination of $200 per line. This was over 8 years ago. I don't know how Midland even came up with this, as it never should have gone to collections to start with. When I disputed, the cra said it met fcra guidelines. Then suddenly it shows as closed. Midland refused to remove it, the cra refuses to remove it, T mobile says my account was paid in full, and they never turned it over to Midland.

[RobertEG]

An assertion by a consumer that a debt is not valid is not a fact has been determined, either by concurrence of the creditor/debt collector, or by determination of a court.

The dispute process provided verification of the debt.  While that may still be contested, it concluded the dispute process.

Dispute resolution is an administrative process, and not a a legal fact-finding process that requires both sides to present all relevant evidence, and does not have a judge to then rule on the issue. 

However, if the creditor states that the debt collector never had collectin authority and you can get that statement before a court, you should have a slam dunk win.

[Anonymous]

Boy oh boy I would love to see what verification they had. I really intensely loathe Midland.

[Anonymous]

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@Anonymous wrote:

Midland and Portfolio are  being sued, all over the news, did you happen to see this?  They are removing collections and judgements from credit files now. Hope this helps

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This must be why my paid collection vanished not to long ago.

[Anonymous]

Is this new? My Midland settlement is still showing on my report.