On my Transunion credit report Midland is a collection account, however on my Equifax report this is reported as a factoring company which adds it in with loans and credit card accounts not collection agency. Because of this they are reporting me as 120 days late. The 120 late is coming from a gap in my garnishment from where they sued me for 900 for my Imagine card I defaulted on when I had medical problems and thought my fiance was paying the bills. The gap in garnishment was out of my control, the total amount of the lawsuit was garnished from my paycheck, I thought it was all paid. They were not marking my CR as paid or answering any of my letters to do so. Then 4 months later another thirty some dollars was garnished from check (interest I assume as I had no knowledge of it) and Midland finally marked me as paid but 120 days late. From what I learned from these forums that 120 days late could now cause this account to hurt my score for the full 7 years. Can they do that???? I had no control of the interest amount or the garnishment that was all handled by the paperwork Midland submitted to my employer.
I complained to BBB after no response from Midland. BBB has sent 2nd notice, Midland has not responded to them either.
I disputed this with Equifax, and it has just sat doing nothing since March. My credit report still shows it is disputed and the case is opened with an estimated complete of march of 2012. I sent this to Equifax and asked why is my dispute still open after 9 months past expected complete. No response.
I also read something about Imagine being part of Compucredit or something like that, who was sued by FCRA and that possibly Midland shouldn't be reporting this??????
Midland is also reporting on my EQ as a factoring company, although there are no lates or anything like that listed. The dispute still being open is very strange, I would attempt to call/send letters about that issue.
I found another post that stated Midland is reporting as a factoring company. Which means they are reporting as the OC, which reages the debt and allows them to post lates and such. They said this was against the law.
I'm not sure how correct this is, anyone ever heard of this?
I actually dealt with this type of situation concerning an account from Portfolio Recovery which had bought the debt from HSBC. I had dealt with them for over a year. They too had re-aged the account, listed as the OC was marking monthly lates. I finally got rid of them after filing complaints with the BBB, FTC, State AG and a letter from my attorney.
I finally received a response from BBB from Midland's legal dept. Stating that did not report me as 120 late, that they only mark credit reports as "account paid in full, was a collection account". That I must not be using credit bureau but a service who do not report as accurate. Blah blah blah.
my fico shows:
Credit Account Midlandmcm
Status as of
Date opened [?]
Date of last activity [?]
Largest past balance [?]
Account Type [?]
Account holder [?]
No contact information provided by Equifax
Current Status [?]
120+ days past due
Seven year payment history [?]
30 days late
60 days late
90+ days late
1 time (May 2011)
My report from Experian shows this as a type of loan, I have another service report that I used a year ago, shows this as 120 days late. So I attached all three of these, showing the BBB that Midland is in fact reporting me as 120 days and as a loan.
Now what should I do? Take the legal dept. letter that states they don't do this and all of my evidence that shows otherwise and file a complaint to FCRA and AG??????
THe FCRA sanctioned authority to receive and act on consumer complaints resides with the FTC, not a BBB.
The CRAs dont have judges or investigators, and their reinvestigation process is based primarily on receipt of verification from the furnisher of the information.
Verification under the FCRA dispute processes does not require the furnisher to produce documentation.
I suggest filing a formal complaint with the FTC.
Granted, while the FTC does not normally initiate legal action based on indvidual consumer complaints, they have the authority to do so, and/or to issue sanctions.
An FTC inquiry will usually get more attention than a BBB inquiry due to their ability to pursue the matter.
If the consumer ultimately resorts to their own civil action, having an FTC complaint of record will additionally show the court that the consumer has attempted resolution through the FCRA sanctioned administrarive complaint process, bringing the substance of their response to the FTC before the court.
They are also reporting me 120+ Days late....hmm, I am going to have to look into filing a complaint as well.
I know I said at first that they weren't, but a second look shows they are in fact.
Just submit an FTC complaint and disputed it through Equifax. The actual dispute page on the Equifax report didn't show the same status, but I reported it anyway and listed the information as it is shown on my myFICO report. We'll see what happens.
I went through all that with Portfolio, it got to the point of a ITS notice and the contact from my attorney to figure out I was serious.
When you said that you had to also file complaint at state Attorney Generals office, did you file in your state or the state Portfolio was in?