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Established Member
Posts: 14
Registered: ‎06-03-2012
0

Midland funding help

I checked my CR and noticed that I have a collections from Midland Funding; the OC is Citibank. I do not recall having a Citibank card. In addition, Citibank is not reference on my CR as a CO; there is no record of having a Citibank account on CR. I am trying to get more information about this account before contacting Midland (I would like to be armed with information before I have to address this with Midland). Should I reach out to Citibank to find out more about this account and the DOFD)? I am guessing if that if this was a valid account with Citibank or was within the SOL, I would have a CO from Citibank on my CR. Need advice, thanks in advance.
Starting Scores 12/26/12: Exp (Fako):659| Equ (Fako): 719|TU (Fako) 665
Current: 1/1/13 Equ (FICO) 649, TU 613
Goal Scores: 750+

In the garden till scores reach 700.
Epic Contributor
Posts: 20,940
Registered: ‎03-19-2007
0

Re: Midland funding help

There need be no prior reporting by the OC in order for a collection to appear.

 

I would begin by sending a DV to the debt collector.  That imposes a cease collection bar on them until such time as they provide verification of the debt.

The DV statute does not require them to provide the name of the OC unless specifically requested in the DV, so be sure to include that request.

 

However, that wont assure prompt resolution, as they have no time period in which to provide verification.  You could sit in limbo unless and until they provide verification.

In the meantime, if they did not send dunning notice within 5 days of their reporting, they are in violation of FDCPA 809(a).  I would suggest sending a formal complaint to the FTC, with a cc: to the debt collector, making their violation of written record.

 

Additionally, if you can state in writing that you never authorized any account with that OC, you have the ability to require both blockage of any reporting made to the CRAs as well as compelling the OC to provide relevant documentation.  That is done by putting your statement into the form of a sworn police report, which if sent to the CRA requires blocking of the collection from your CR, and if sent to the OC, requires them to provide all business records related to the alleged account.

If you can honestly make such a sworn statement, I would file a police report, and pursue the identity theft provisions of the FCRA.

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Established Member
Posts: 14
Registered: ‎06-03-2012
0

Re: Midland funding help

Thank you! I am sending a DV letter asap.
Starting Scores 12/26/12: Exp (Fako):659| Equ (Fako): 719|TU (Fako) 665
Current: 1/1/13 Equ (FICO) 649, TU 613
Goal Scores: 750+

In the garden till scores reach 700.
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