Reply
Frequent Contributor
Tooliebell
Posts: 395
Registered: ‎08-11-2010

ahven'havPaid Midland without a PFD, but settled in full, how to dispute

Before I found this forum, I made settlement offers with all my baddies. I settled in full with Midland Credit Management on two accounts. They haven't reported an updated balance of $0 yet.  I want to go ahead and dispute this account, either to correct the balance information or have it go away completely.  I have read that Midland often won't respond to the CRA once an account is settled and paid because they don't want to waste their time.  My question is, when I dispute the account, should I say, "not mine" or should I say, "paid" and send in the settlement letter with a copy of the receipt of mail, and a copy of the check. 

 

My hope is they try to verify teh account and Midland doesn't respond and it gets deleted.  But if i dispute saying paid, will they just update the information to paid.  My feeling is to dispute, "account not mine"  And the best that happens is that is come back deleted because they won't respond or the 2nd best option is it comes back as paid with a zero balance.

 

What do you think?

Moderator Emeritus
MarineVietVet
Posts: 14,084
Registered: ‎07-14-2009

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute

 


Tooliebell wrote:

Before I found this forum, I made settlement offers with all my baddies. I settled in full with Midland Credit Management on two accounts. They haven't reported an updated balance of $0 yet.  I want to go ahead and dispute this account, either to correct the balance information or have it go away completely.  I have read that Midland often won't respond to the CRA once an account is settled and paid because they don't want to waste their time.  My question is, when I dispute the account, should I say, "not mine" or should I say, "paid" and send in the settlement letter with a copy of the receipt of mail, and a copy of the check. 

 

My hope is they try to verify teh account and Midland doesn't respond and it gets deleted.  But if i dispute saying paid, will they just update the information to paid.  My feeling is to dispute, "account not mine"  And the best that happens is that is come back deleted because they won't respond or the 2nd best option is it comes back as paid with a zero balance.

 

What do you think?


 

I'm not sure how you could pay them in full and then come back and claim the account is not yours. You shouldn't dispute information you know is correct.

 

But perhaps I'm confused. It happens quite often.  :smileyhappy:

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800
TU - 8/10-772
You can do the same thing with hard work


 

 

 

Frequent Contributor
Tooliebell
Posts: 395
Registered: ‎08-11-2010

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute

Sorry if I made it confusing. 

 

The account is mine.  They won't update the balance to zero.  I was kinda looking for a loophole so that I could just get it deleted instead of updated, sorry if that seems immoral.  My question was do I dispute the balance or should i just dispute the account with the reason it isn't mine.  It is almost like I want to play dumb and hope that Midland doesn't respond to the CRA.  If I send in the information that I paid it, then maybe the CRA will only update it as paid.  I want to take a chance and get lucky so it gets deleted.  I know it sounds horrible.  But I paid for that debt.  I paid way more than the balance on it when I defaulted and I paid lots of interest and fees, I just want to have something go in my favor since paying for it after it was defaulted means basically nothing.

Moderator Emeritus
MarineVietVet
Posts: 14,084
Registered: ‎07-14-2009

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute

I would try to work with Midland first. If you have an agreement in writing send a copy to them gently reminding them of what they agreed to do in exchange for payment.

 

How long have you been waiting for the balance to update to zero?

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802
EQ - 7/06-663, 3/10-800
TU - 8/10-772
You can do the same thing with hard work


Mega Contributor
RobertEG
Posts: 17,314
Registered: ‎03-19-2007

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute

[ Edited ]

Just request CA account status update to paid, with $0 balance owed!  That is what you are entitled to. Then let it alone.

 

You paid it. Prima facie legal acknowlege of the debt.

Delays in paying are what led to legal interest accruing, and were apparently legal chargesl.  You did gain something by paying... you avoided a day in court!!!

To argue now that it was not a debt of yours......?  What can you now ask them to verfify? That you paid?

It is water both over the bridge, and under the dam.

 

 

 

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute


RobertEG wrote:

Just request CA account status update to paid, with $0 balance owed!  That is what you are entitled to. Then let it alone.

 

You paid it. Prima facie legal acknowlege of the debt.

Delays in paying are what led to legal interest accruing, and were apparently legal chargesl.  You did gain something by paying... you avoided a day in court!!!

To argue now that it was not a debt of yours......?  What can you now ask them to verfify? That you paid?

It is water both over the bridge, and under the dam.


You may want to rephrase that because as a matter of law, no.

 

It is well-settled law that mere payment of an obligation is not, under normal conditions, in and of itself legal admission of the obligation.  Courts have continually and without exception held that there can be an almost infinite number of perfectly valid reasons why one may choose to pay a debt that is not theirs and mere payment does not establish a presumption of legitimacy of the debt or a continued obligation of payment. 

 

Whether or not one should dispute what appears to be valid reporting is another story, but leave force of law out of the equation.     

 

 

IAALBNYL
Super Contributor
concorduser
Posts: 6,025
Registered: ‎09-18-2007

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute

You could still pay for some thing and still does not admit that is your account and dispute the account.  At this point, as long as they CA does not acknowledge the disputed account it will drop off.

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute


concorduser wrote:

You could still pay for some thing and still does not admit that is your account and dispute the account.  At this point, as long as they CA does not acknowledge the disputed account it will drop off.


You are not only legally correct, but also logically.

IAALBNYL
Mega Contributor
RobertEG
Posts: 17,314
Registered: ‎03-19-2007

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute

Good point, O6.

 I will thus bow from the legal presumption, and rely intsead only on what I think most would presume from voluntary payment of debt.

That it was legit.

 

Valued Member
Dhager
Posts: 46
Registered: ‎04-23-2010

Re: ahven'havPaid Midland without a PFD, but settled in full, how to dispute

[ Edited ]

I just PIF my last collection account with midland.  They sent me a paid in full letter in less then a week.  I would just try to call them and see if they will send you a PIF letter the key is be nice if you have to ask to talk to a manager.  After you get the letter either dispute through the credit reporting agencies or ask if you can fax or mail them a copy.  Good luck


Starting Score: TU-636 EQ-641
Current Score: TU-648 EQ-693
Goal Score: 720


Take the FICO Fitness Challenge

myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+