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Midland isnt responding to any PFD's or settlement letters should I call?

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CreditGuy03
Established Contributor

Midland isnt responding to any PFD's or settlement letters should I call?

I sent a few letters to midland trying to settle and even delete the account. They have not responded. Should I call them?
Equifax - 628, Experian -627, Transunion- 654 In the garden until 01/01/2019
Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: Midland isnt responding to any PFD's or settlement letters should I call?

never call a CA they will only lie to you!   Did you send a DV  CMRRR before the PFD?

 

They do not have to answer a PFD. They usually will if you are past SOL.

Message 2 of 9
CreditGuy03
Established Contributor

Re: Midland isnt responding to any PFD's or settlement letters should I call?

Yes I sent DV and Disputed with the CRA

 

The CRA marked it as disputed and verified but the CA still to this day has not sent Validation.

 

The account was delinquent 7/2004 and reported 8/2008. Im outside of SOL.

 

Their non responsiveness is delaying me in getting a house

Equifax - 628, Experian -627, Transunion- 654 In the garden until 01/01/2019
Message 3 of 9
Anonymous
Not applicable

Re: Midland isnt responding to any PFD's or settlement letters should I call?

Copy the DV letter....the GC (both sides) and the cert#.  Dispute with all CRAs reporting. This usually works.

If it doesn't file a comp;aint with the FTC, Ag in your state and the state where the CA is. If they do not delete then you might consider filing a lawsuit. But do whatever you can so that you have a good paper trail!!!

 

I would handwrite the dispute also.

 

Read this letter and make any changes needed.

 

Your name

Address

City,StateZzip

CRA Name

Address

City,State Zip
 

Date

 

RE: Account #_________/Original Creditor’s Name

 

Dear CRA::

 

This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that “collection agency” do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

 

 

Name of Creditor/collection agency, Account #_________

 

On XX XX 09, "Collection agency" received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request.

 

 

As of today, XX XX,09 they have failed to provide any proof or respond in any way.

 

On XX XX,09, I sent a second letter. Again,I have received no response. Attached is a copy of the letter and U.S.post office showing they did receive that letter.

 

The FDCPA states they Must cease collection activity until they produce verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous XX months since it was requested.

 

Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again this was not done. Another violation of the FDCPA.(DELETE THIS PARAGRAPH IF IT DOES NOT APPLY).

 

As per the FCRA, if no proof of debt exists, it may not be reported to the credit bureaus.The FCRA also states that the credit reporting agencies must receive written proof from the debtor. Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its entirety as there is no proof of its existence as evidenced by my attached documented proof.

Sincerely
Your Name PRINTED ONLY
Message 4 of 9
Anonymous
Not applicable

Re: Midland isnt responding to any PFD's or settlement letters should I call?

Quick clarification needed.....do you send the actual CMRR (not a copy) to the CRA's?

 

Thanks in advance.

Message 5 of 9
MizzB
Regular Contributor

Re: Midland isnt responding to any PFD's or settlement letters should I call?


@Anonymous wrote:

Copy the DV letter....the GC (both sides) and the cert#.  Dispute with all CRAs reporting. This usually works.

If it doesn't file a comp;aint with the FTC, Ag in your state and the state where the CA is. If they do not delete then you might consider filing a lawsuit. But do whatever you can so that you have a good paper trail!!!

 

I would handwrite the dispute also.

 

Read this letter and make any changes needed.

 

Your name

Address

City,StateZzip

CRA Name

Address

City,State Zip
 

Date

 

RE: Account #_________/Original Creditor’s Name

 

Dear CRA::

 

This is a request for deletion of a disputed item. I have attempted to have this alleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that “collection agency” do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

 

 

Name of Creditor/collection agency, Account #_________

 

On XX XX 09, "Collection agency" received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request.

 

 

As of today, XX XX,09 they have failed to provide any proof or respond in any way.

 

On XX XX,09, I sent a second letter. Again,I have received no response. Attached is a copy of the letter and U.S.post office showing they did receive that letter.

 

The FDCPA states they Must cease collection activity until they produce verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous XX months since it was requested.

 

Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the item as in dispute. Again this was not done. Another violation of the FDCPA.(DELETE THIS PARAGRAPH IF IT DOES NOT APPLY).

 

As per the FCRA, if no proof of debt exists, it may not be reported to the credit bureaus.The FCRA also states that the credit reporting agencies must receive written proof from the debtor. Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its entirety as there is no proof of its existence as evidenced by my attached documented proof.

 

Sincerely
Your Name PRINTED ONLY

Still a newbie to the dispute/credit repair process.... wondering what the significance of hand writting a dispute/letter to CRA is?

 

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Message 6 of 9
Anonymous
Not applicable

Re: Midland isnt responding to any PFD's or settlement letters should I call?

When Midland failed to respond to my DV, I filed a complaint with the BBB. Presented a strong case and they agreed to remove.

 

Their reason for not responding to me(and many others) is that DV was received beyond 30 days from their initial dunning letter. However, I stated I had not ever gotten a letter from them(which was true), so my 30 days had not started. They also were in violation for not sending me the dunning letter within 5 days of reporting on my report(initial communications).

 

It wasn't my account anyhow.

Message 7 of 9
CreditGuy03
Established Contributor

Re: Midland isnt responding to any PFD's or settlement letters should I call?

Sidewinder what exactly did you say to the BBB? I will file a case tomorrow
Equifax - 628, Experian -627, Transunion- 654 In the garden until 01/01/2019
Message 8 of 9
Anonymous
Not applicable

Re: Midland isnt responding to any PFD's or settlement letters should I call?


CreditGuy03 wrote:
Sidewinder what exactly did you say to the BBB? I will file a case tomorrow

 

Just gave them the background on what was going on. Midland was reporting an account that was not mine. I requested validation per FDCPA and they failed to respond, but continued reporting. FDCPA states all collection activity should cease until they validate, once validation is requested, and the FTC has issued the opinion that reporting is collection activity. The account was not mine and Midland had failed to prove that it was, etc, etc.
Message 9 of 9
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