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Would this action from Midland suffice for filing with CFPB?

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Would this action from Midland suffice for filing with CFPB?

I have two debts that Midland is now holding, one from Verizon and the other from HSBC. Both are approximately 4 years old. The debts are good and I proceeded to try a PFD, and I got a response back saying that it can't be done in accordance with the FCRA and that the status of the account would be "disputed". I never disputed the validity of the debt, but was just trying to PFD. Would this change in the status of the account warrant escalating it with the CFPB in hopes of getting it deleted?

Message 1 of 5
4 REPLIES 4
Imperfectfuture
Super Contributor

Re: Would this action from Midland suffice for filing with CFPB?

You would need to dispute with CRA's to remove dispute comments first. Their refusal to Pfd IS NOT a cfpb complaint (though you can try with the BBB, but I've seen little success there, read the comments from complaints to get an idea of what to write).

Midland ALWAYS listed consumer disputes (along with portfolio), but since I didn't order my reports till 1.5 years to drop off, and .5 years or less for SOL, I didn't bother with it (I was only moving to a new apartment, not trying to buy house or car).

How much effort you want to out into deleting accurate data is questionable. But if the CRA, doesn't remove dispute comments (and you have to wait for the dispute comments to appear), then you need to open up several complaints with cfpb, one for each CRA, and one for midland listing the account numbers from each CRA.

However, your resolution would be a) remove dispute comments, or b) delete. Don't know how far that will work.

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Message 2 of 5
RobertEG
Legendary Contributor

Re: Would this action from Midland suffice for filing with CFPB?

The FCRA dispute process is limited to disputes of accuracy of reported information, not to either a DV or a PFD.

REporting a dispute to a CRA is limited to a direct dispute under FCRA 623(a)(8).

 

Their reporting of a PFD as a dispute to a CRA is an inaccuracy of information in the consumer's credit file, and is clearly subject to a dispute under FCRA 811(a) and/or  complaint to the CFPB for administrative compliance with the FCRA.

 

 

Message 3 of 5

Re: Would this action from Midland suffice for filing with CFPB?

Thanks Robert, that's what I was trying to say, perhaps I should have been clearer. I was of the thought that their changing the status to "disputed" would be grounds for me to escalate it either with the CFPB or with the CRA. It might be a backdoor method, but with everything that CA's try to get away with, why not try and backdoor them for once?! If it actually works, I can only hope the other CAs do the same thing.

Message 4 of 5
Anonymous
Not applicable

Re: Would this action from Midland suffice for filing with CFPB?

Also FYI...noticed your user name said Dallas. If you are in TX you can use the TX DV method. midland does have a current Surety Bond but they cave alot with the TX letters. Good luck.

Message 5 of 5
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