Removing a baddie that is not mine

[Anonymous]

I thought this would be an easy thing but no.  So I have a collection from Midland on my CR that is not mine.  I don't believe it's a case of Identity theft, just that they assigned this account to me because of a name match but it's not the right me.  From my CR, they listed the OC and I called them.  All I got from them was the date of last payment, the location of the person (totally different state where I have never lived) and the date it was sold to Midland.  They claimed to have no other information and wouldn't even send me a copy of the information they had as they said I must deal with Midland since they own the debt.  When I called Midland, they were not forthcoming with any information and only demanded payment.

I disputed through the credit bureaus.  Came back as verified.  I'm a little lost as to how to prove something is not mine.  I did get all of my old bank statements that show I didn't make any payments in those dates that the OC said was the date of the last payment.  I can prove I never lived in VA (lived in SC for 20 years now) where they said the person lived.  But how do I proceed and who should I contact?  Do I go the direct dispute route with Midland?  I know about the identity theft option but I don't think it's accurate to say that as I beleive it's more of an error on Midland's part rather than outright ID theft.

On another note, what the heck is up with Midland???  I have an account with them that I PIF in 2011 they never updated and now this erroneous entry.  Good grief, they really aren't very trustworthy, are they?

[Anonymous]

Since you haven't gotten anywhere the the oc, the credit bureaus, and midland. The next step is contacting BBB and filing a complaint also contact your local Attorney General and file a complaint. You will see a result once they get involved. Good luck

[Anonymous]

I haven't done a direct dispute with Midland, only through the credit bureaus.  Should I direct dispute it first before going to the BBB and AG option?  Also, should I include my proof with that letter or just the rationale for my dispute?  

[Anonymous]

Contact Midland by sending a certified letter that they validate you are responsible for this debt. I would send one to the oc also. Then if they don't remove the account contact the BBB and your AG.  Here's a letter you can use, just change it up to your liking.

Your Name
Your Address

Collection Agency
Collection Agency Address

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern,

I am sending this letter to you in response to a notice I received from you on (date of letter). Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;
• Explain and show me how you calculated what you say I owe;
• Provide me with copies of any papers that show I agreed to pay what you say I owe;
• Provide a verification or copy of any judgment if applicable;
• Identify the original creditor;
• Prove the Statute of Limitations has not expired on this account;
• Show me that you are licensed to collect in my state; and
• Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name

[Anonymous]

I actually have never received any letter from them and the OC is not on my CR.  So, I really only found it because I pulled my CR.  But I can certainly change the letter to be specific to my circumstances.  The only reason I was able to get the little information I did from the OC was due to a TON of calls to Citibank (the OC listed by Midland) and them figuring out which account this collection from Midland Funding matched up to.  

What a mess!  Thanks for the advice.

[Anonymous]

First off - simply because you 'don't think its ID Theft' doesn't mean anything. The facts is that THIS IS NOT YOURS. Whether or not that person legitimately has a similar name or has illegally used yours is no concern of yours. The ID Theft provision of FCRA is not about pursuing, prosecuting or identifying ID Thieves, its about getting items that are NOT YOURS stricken from your reports. USE IT.

Make a police report and swear out an affidavit that you never authorized the account in question. Copies of those will go to all three CRA's with a request to exclude the data under the ID Theft provision of FCRA. Next, send a cease and desist (CMRRR) to Midland with copies of the police report and the affidavit, stating that they are pursuing the wrong person, and any further pursuit of you for this debt will be in direct violation of FDCPA and WILL result in immediate legal action against them. If Midland so much as squeeks, contact NACA (National Association of Consumer Attorneys) to locate an attorney in your area and jump on them with both feet. 

[Shokk]

I agree with Norman, but you may be able to get this reolved via CFPB as well.  Do you have copies of the dispute results?  It would be helpful, but maybe not necessary.  File a complaint with the CFPB, upload any documentation you have, including a copy of any CR showing the collection and explain the situation.

[RobertEG]

I concur with Norman.

The relevant statement to get the information blocked from your credit report, as et forth in FCRA 605B, is that state that you did not authorize any transactions pertaining to the information.  It then becomes an identitiy theft issue by inference, as if the creitor has such information in their files, then someone other than you must have used your identity.  The how and why is not your obligation, that is the job of law enforcement.

If you wish to pursue the how and why, you can use the provision of section 609(e) by sending a copy of the police report to the creditor, who must then provide you all business records in their possession related to the account.  That mini-discovery right csn then be used to begin your own investigation of the matter.

[Anonymous]

So my concern was if this was just a mistake, I didn't want to get some other person out there who happened to have my same name in trouble.  From what y'all are saying, that's not the case and I should proceed forward with the ID Theft process?  I want to make sure I'm handling this appropriately and correctly.

[Anonymous]

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@Shokk wrote:

I agree with Norman, but you may be able to get this reolved via CFPB as well.  Do you have copies of the dispute results?  It would be helpful, but maybe not necessary.  File a complaint with the CFPB, upload any documentation you have, including a copy of any CR showing the collection and explain the situation.

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My dispute came back as information updated by Midland Funding but when I compared the new 'update' to the old one in my previous credit reports, there was not a single difference between the two. So, in essence, they did nothing.