Midland reaged?

[tammyjk]

I pulled all three credit reports ans saw that Midland collections is reporting on Equifax as an open account?  Then I noticed that they are reporting the account opened but with a Date Major Delinquency  of 02/2008?   It also states the account with them was opened in 12/2007.  In the comments it does say collection but I dont believe it is being reported as a collection account.    I also noticed that on transunion they report 120 status every few months.  I have never made a payment to them nor have promised to pay. 

I do have documentation from the original creditor stating the account was 5 mos past due in 2007.  Of course it would have went into collections by then and I could not have had date of deliquency in 2008.  Now what? 

[RobertEG]

A collection is not an "account" with you.  It is a reporting account between the debt collector and the CRA.  You never opened an "account" with them.

Collections only have a status of "open" or "closed."  The "open" date is the date they were referred collection authority, and has nothing to do with the OC account reporting.  I dont see anything improper in that regard.

The DOFD may be a different story.  Any party who reports any information to a CRA with respect to an account that has been placed for collection is required under FCRA 623(a)(5) to additionally report the DOFD on the OC account to the CRA within 90 days of their reporting.  That applies to both creditors and debt collectors.

Section 623(a)(5) sets forth a rigorous set of provisions to ensure that the reported DOFD accurately reflects the date of first delinquency on the OC account.  If the OC previously reported a DOFD to the CRA, the debt collector MUST report that same date.  If the OC did not previously report a DOFD, the debt collector must contact the OC and get the actual DOFD.  That failing, the debt collector can then report their best estimate, but under NO condition may they report a DOFD that is later than the date they were referred collection authority.  Period.  FCRA 623(a)(5)(A)(iii).

Those are the criteria for DOFD reporting under the statute.  Compare those with your situation to determine the presence of illegal reaging of the DOFD.

[Fresh101]

Search for Midland in this forum, be careful with this CA. They are attacking almost everyone after the new year, including myself with an account that I honestly think wasn't done with my authorization. I hit them with DV Letter, they havent reported me to CRA, waiting on the response. Gd luck

[tammyjk]

So basically, the date reported open was the date the account was referred to them correct?  This is what I had assumed.  They are reporting DOFD later.  This is a violation correct?  I want to make sure this is out of SOL which is why I started to look more closely at this account.  This was a credit card and I am in Florida which I believe has a SOL of 4 years. 

If all of the above is correct should I send them a letter or just wait until the SOL from their reported default date?

[MarineVietVet]

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@tammyjk wrote:

So basically, the date reported open was the date the account was referred to them correct? That's correct. This is what I had assumed. 

They are reporting DOFD later.  This is a violation correct?  If they changed the DoFD that is a violation.

I want to make sure this is out of SOL which is why I started to look more closely at this account.  This was a credit card and I am in Florida which I believe has a SOL of 4 years. You are correct on this also.

If all of the above is correct should I send them a letter or just wait until the SOL from their reported default date? If you are certain of your dates send a DV.

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[RobertEG]

You can DV, but that has zero to do with any issue of incorrect reporting of the DOFD.  It does not address any DOFD issue.

You DV to get verification of the debt, and to impose a cease collection bar.  You dispute to address inaccuracies in credit reporting.

Incorrect reporting of a DOFD is an issue for dispute of incorrrect credit reporting under the FCRA, not debt verification under the FDCPA.

If you have sufficient evidence of inaccurate reporting of a DOFD, you need to decide how you wish to dispute.

You have the option of either disputing it through the CRA under their dispute process, or of filing a direct dispute with the debt collector.  Entirely your option.

This is one of the rare cases where I would recommend disputing through the CRA, since they have the reported DOFD of record in their files, and can compare it with whatever the debt collector alleges to have reported.  They can use their own reinvestigation authority to verify the accuracy of what was reported against what you show to be the actual DOFD in your dispute documentation.

Just be sure of yur documentation of the actual DOFD before disputing.

[tammyjk]

Thank you for the very prompt replies.  I think my best course of action would be directly with the credit reporting agency.  Midland has already sent me a letter asking for information on this account which leads me to believe that they have very little to go on.  The original creditor is no longer on my report and in this case, that may be a good thing. 

[tammyjk]

Update!  Midland delted from Equifax, now working on Experian...They did report the dofd after the account was in collection which was a violation.  In fact, I disputed the info and they verified the wrong information twice.  So basically it was deleted instantly!!