******Midland reinsert collection **Updated delete...

[nicholasyud]

They delete them in Nov of 2012 after a few disputed and DV and everything.

Today i received a notice about new negative item on my credit report and they re-insert again.I'm in the process of buy my mortgate and i don't want anything to mess up the whole process. It's one of those old account from 2007 from Capital One. They sent to collection Midland.

I called and sent letter to Capital One and they agree ""due to fraud account"" and they delete them after Midland delete.

Anyone with same situation please help ???? I'm gonna closed on my house pretty soon.

Thanks

[Shogun]

      So this is a fraud account that was deleted by the OC and Midland before and now Midland has placed it back on your CR?  

[nicholasyud]

I don't know if I even owned the debt. Capital one sent me the letter state this fraud account delete from my credit report. Midland delete it 2 month before Capital One. Now after 6 months they re-insert the account when I'm
In the process buy my mortgages.....
What I should do '!???

[sghosh5]

So is this a paid in full account? Did you dispute with Credit Bureaus? If paid in full and deleted by bureaus after dispute then they can't report the account. On which basis they can report? You dont owe them any money if paid in full. 

[guiness56]

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@sghosh5 wrote:

So is this a paid in full account? Did you dispute with Credit Bureaus? If paid in full and deleted by bureaus after dispute then they can't report the account. On which basis they can report? You dont owe them any money if paid in full. 

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They can reinsert it.  But the CRAs have to certify that the account is valid and notify you within 5 days of the reinsertion.

Because it was said to be fraud by the OC it should not have been re-reported by Midland.

If it was a regular CA account, paid or not, the CA could report.

[RobertEG]

The reinsertion restriction under the FCRA depends upon whether there was a prior dispute of the collection, and the debt collector failed to verify the accuracy of the disputed information, leading to the deletion of their reporting.  That scenario leads to a prior assertion of inaccuracy that remains unverified by the debt collector.

In order to have their deletied reporting reinserted, they must first provide the lacking verification to the CRA  by submitting a "Certification of Accuracy."  If the CRA accepts that pre-certification, they must notify the consumer within 5 days that the reporting has been reinserted.  If they failed to send notification that they received the required pre-certification, the CRA was in violation if they reinserted.

So the issue is why they deleted.  Was there an unverified prior dispute?  If not, there would be no prohibition.

The issue of fraud/identity theft can be used to require the CRA to block any and all reporting from your credit report if you first provide them a police report attesting to possible identity theft.  If they did not receive a polcie report along with request for blocking the information, there is restirction on their posting of the reporting to your CR.

The OC deletion, if not based on the consumer assertion of fraud/identity theft supported by a police report, was simply a voluntary deletion on their part, and would not prevent the CRA from accepting and posting reporting made by the debt collector.

The simplist path would be to file a police report and request the CRA to block any reporting related to the asserted fraud/identity theft information, regardless of any other issues, such as proper reinsertion.

[nicholasyud]

I never paid for this specific account. I also have no idea if i even owned this debt since its a long time ago. I contact Capital one so many times and they sent me letter state the fraud account now delete from my credit report.

I did sent letter to credit bureau "" that they violation re-insert a negative items without let me know in advance and I also sent letter to Midland ask if they going to remove it since they also violation re-insert negative items without notice. I don't know i have all the proof i sent them and im going to sue them if they don't removed it. Don't know if i have a good change.

[guiness56]

I have been reading several posts where Midland has done this.  They seem to be aware of it and it is in error.

Have you contacted Midland directly.  Everyone so far is successful in getting it deleted due to Midlands error.

[nicholasyud]

You have the link of others sucess about this.

I'm so frustrated about all this when I'm in the process of buying my first house and they already ruin my credit score by 60 points.......

[guiness56]

http://ficoforums.myfico.com/t5/Bankruptcy/Midland-Reaging-After-BK7/td-p/2250221/page/2

This is about a BK.

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/2-accounts-from-Midland/td-p/2246971/page/2

Another about BK.