Need some advice on how to deal with Midland

[Shiva78]

Thanks, Norman. 

I still have some fight in me left.  Going to do some searches on here for sample letters and keep you guys updated.  Thank you all for the input.  This forum is truly a wealth of info.  Just a few months ago I was feeling overwhelmed not knowing what to tackle first.

[Anonymous]

For lots of good info on the laws they are required to follow, go here

[eric19k]

Subsequently, the account was charged off as an unpaid delinquent debt on 12-14-2006.
Dispute it online as all account. It should've been deleted 6 months ago.

[kmacqua]

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@tubbynerd wrote:

I personally just called them, got the nicest lady. Ended up paying in full and requesting they delete from my reports and they did. It was quite easy, nothing liek the nightmare some people have had with midland.

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Tubbynerd, what contact # did you use? Can you pm me?

[kmacqua]

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@Anonymous wrote:

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@Shiva78 wrote:

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@Anonymous wrote:

Perhaps I'm missing something... If the OC reports the initial delinquency or CO as 12/06, and Midland acknowledges this deliquency date as well, shouldn't this report have automatically fallen off the CR in 12/13 ??

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That's exactly what I had thought too!  Midland reports the DOFD as early 2008.  I asked EX and EQ for early exclusion and no luck.  Just asked TU for early exclusion a couple days ago due to age.  Keep in mind that I have never made any payments to Midland or agreed to pay them.  So I'm not sure why they are reporting the DOFD as early 2008.
Maybe it stays on the CR for 7 years each time the debt is sold?  I dunno.

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Ahh - i just noticed that little tidbit! They have re-aged it which is ILLEGAL. DO NOT PAY THEM ONE DIME!

They are actually liable for $1000 payable to you for a blatant FCRA violation. I would draft a C&D letter showing the charge-off date, which by law is no more than 180 days AFTER the date of first delinquency. Tell them in no uncertain terms that it will be removed from all CRA's within ten days or you will persue legal action against them for violation of FCRA.

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@Anonymous wrote:

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@Shiva78 wrote:

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@Anonymous wrote:

Perhaps I'm missing something... If the OC reports the initial delinquency or CO as 12/06, and Midland acknowledges this deliquency date as well, shouldn't this report have automatically fallen off the CR in 12/13 ??

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That's exactly what I had thought too!  Midland reports the DOFD as early 2008.  I asked EX and EQ for early exclusion and no luck.  Just asked TU for early exclusion a couple days ago due to age.  Keep in mind that I have never made any payments to Midland or agreed to pay them.  So I'm not sure why they are reporting the DOFD as early 2008.
Maybe it stays on the CR for 7 years each time the debt is sold?  I dunno.

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Ahh - i just noticed that little tidbit! They have re-aged it which is ILLEGAL. DO NOT PAY THEM ONE DIME!

They are actually liable for $1000 payable to you for a blatant FCRA violation. I would draft a C&D letter showing the charge-off date, which by law is no more than 180 days AFTER the date of first delinquency. Tell them in no uncertain terms that it will be removed from all CRA's within ten days or you will persue legal action against them for violation of FCRA.

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Learning so much from this thread. Thanks, all!

[joeyoey]

Tubbynerd, could you please PM me the contact info as well?  Thank you!

[0REDSOX7]

I always thought that anything less than payment in full resets the SOL.

So if you pay less than full amount, they can sell the remaining balance to someone else and they can collect since the SOL was reset...

[Anonymous]

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@0REDSOX7 wrote:
I always thought that anything less than payment in full resets the SOL.

So if you pay less than full amount, they can sell the remaining balance to someone else and they can collect since the SOL was reset...

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SOL has nothing to do with time to report. SOL only deals with whether you can be sued or not. Time to report is determined by date of first default (DoFD) and NOTHING can change that.

[eric19k]

Payment does restart SOL but does not restart day of first deliquency.

[Anonymous]

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@Shiva78 wrote:

So I'm almost done cleaning up and addressing the open baddies on my reports.

All I have left is a collection from Midland.  It's scheduled to fall off EQ on 5/15, TU on 3/15 and EX on 1/15.  I contacted the CRAs for early exclusion/deletion.  No dice.

Got the following from Midland...How should I approach?  I can afford to pay them now....but I don't want to or at least not the full amount anyway.  I just want them off my report before I apply for a car loan in the spring.

The purpose of this letter is to request your assistance so that we may reach a quick resolution to your dispute made to the credit bureaus. You have indicated in your dispute that the above-referenced account contains inaccurate information. Midland Credit Management, LLC became the servicer of the above-referenced account on 08-29-2008 Information provided by the seller at the time of acquisition indicates this account was originated on 11-09-2002, as an Citibank/ Fred Meyer account with the account number listed above, in the name of XXXX XXXXX. The last four digits of the social security number on the account are XXXX. Subsequently, the account was charged off as an unpaid delinquent debt on 12-14-2006 The balance at the time of purchase was $2,418.64.. Please contact our Consumer Support Services Department as soon as possible at (800)825-8131, Ext. 32980 so that we may discuss your dispute and work together to reach a resolution. Consumer Support Services Hours of Operation are Monday - Friday 5:00am - 4:30pm PST. In the interim, we have requested that the three major consumer credit reporting agencies change the status of this account to "Disputed'. If you still believe the account information is inaccurate, please provide an explanation of why you believe it is inaccurate along with any documentation you have supporting this explanation. Upon receipt of this new information we will be happy to reinvestigate our records.

Please mail any documentation you may have to support your claim to: Midland Credit Management, Inc.

Attention: Consumer Support Services 8875 Aero Drive, Suite 200 San Diego, CA92123 Sincerely, Consumer Support Services The law limits how long you can be sued on a debt Because of the age of your debt, we will not sue you for it If you do not pay the debt, we may continue to report it to the credit reporting agencies as unpaid.

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If the account went into collections 12/14/2006, dont even deal with Midland. Contact the bureaus directly and let them know that should have been deleted months ago. Put that $$$ towards your new car and insurance.