topic Re: Help with midland CA in Rebuilding Your Credit

Help with midland CA

Anonymous — Sat, 03 Dec 2011 05:15:01 GMT

So these bottom feeders bought a very old debt from another company. Its about 6 years old now. THe last company that had it failed to verify the debt to the CRA's and it was deleted in a week.

What are my chances of getting midland deleted from my report if they bought it from a company that failed to verify the info?

Re: Help with midland CA

Anonymous — Sat, 03 Dec 2011 21:41:37 GMT

Here is the dispute i sent in to Experian and Equifax. This debt did not show on my transunion

"MCM failed to validate debt upon request. Several FCDPA Violations, including but not limited to, re-aging debt, wrong date of last activity, wrong collection date, wrong balance, continued collection activity after cease and disist sent, failure to reply to debt validation. Experian is aslo committing FCDPA Violations by re-entering previously disputed and removed tradelines. under the FCDPA, experian is REQUIRED to notify my by mail, within 5 days of re-insertion. That was never done"

anything else i need to do before i hit submit?

Re: Help with midland CA

llecs — Sat, 03 Dec 2011 22:46:48 GMT

@Anonymous wrote:
Here is the dispute i sent in to Experian and Equifax. This debt did not show on my transunion

"MCM failed to validate debt upon request. Several FCDPA Violations, including but not limited to, re-aging debt, wrong date of last activity, wrong collection date, wrong balance, continued collection activity after cease and disist sent, failure to reply to debt validation. Experian is aslo committing FCDPA Violations by re-entering previously disputed and removed tradelines. under the FCDPA, experian is REQUIRED to notify my by mail, within 5 days of re-insertion. That was never done"

anything else i need to do before i hit submit?

On a legal standpoint, I disagree.

Per the FDCPA (vs. the FCDPA), a CA has an unlimited amount of time to verify, and that's assuming your DV was mailed within the first 30 days of receiving their dunning letter. If mailed after the initial 30 days, then a DV doesn't carry any legal weight (unless you live in TX).

The re-aging of debt is a big no-no, but only involves the DOFD changing to a newer date whereby the newer date is incorrect. This isn't covered by the FDCPA, but is covered by the FCRA.

The DOLA is unimportant. Anything can change it like a dispute, a CR update, a payment, etc.

Collection date? As in Date Opened? This is the date they took over the account and will aways be newer than the DOFD.

Balance is a biggie, IMO. They can add interest, but I personally had a CA charge "Collection fees" of $1200 on a $300 debt and that's illegal. This is covered by both the FDCPA (illegal to charge a fee to collect) and FCRA (reporting of wrong balance). But they can charge interest and it is easy to have a payment balloon.

A CA can continue to collect and report even after a C&D. However, if you tell them to stop calling in writing, they must. That's covered by the FDCPA.

Again, per the FDCPA, there's no time limit to respond to a DV.

The FDCPA doesn't say anything in there about re-reporting of a sold debt by a new CA. Neither does the FCRA. The new CA can report IMO.

EX is required to send you that notice of reinsertion if the old CA re-reported it.

Food for thought. Remember, the FDCPA has nothing to do with reporting. It has to do with collection activity by CAs only. The FCRA is the law that deals with reporting.

Re: Help with midland CA

RobertEG — Sun, 04 Dec 2011 00:23:12 GMT

I would only add that the FCRA process for the reinsertion of previously deleted information only applies if the information was deleted as a result of a dispute under the FCRA that found, in final disposition, that the information was inaccurate or could not be verified. It does not apply to deletion that was not mandated by the resolution of a dispute under the FCRA. See FCRA 611(a)(5)(B),

As was pointed out, a request for DEBT validation/verification under FDCPA 809(b) is NOT the same as a dispute under the FCRA for verification of the accuracy of information reported to a CRA, and lack of debt validation/verification is not basis for invoking the reinsertion provisions of FCRA 611(a)(5)(B).

Re: Help with midland CA

Anonymous — Sun, 04 Dec 2011 02:36:49 GMT

thanks guys. ANother question. THe last CA failed to verify the debt when i disputed with the CRA's. They deleted with in a week. Now midland has it. What are the chances it will get deleted again?

Also, i tried to get my other collection (only 2) pay for delete, failed numorus times, so i just reported them to the BBB hoping to get a response.

Oh and should i bother disputing my paid collections to have them removed? Whats the best option there? Good will letter?

Re: Help with midland CA

llecs — Sun, 04 Dec 2011 04:41:51 GMT

Send GWs for paid CAs.

Odds of getting something deleted via a dispute will vary based on what is being disputed, whether or not the dispute is legit or invalid, and based on the OC/CA reporting. IMO, in the realm of repair, never look at the oods. If one OC/CA can delete via a GW, accept a PFD, etc., then your odds are 100% if you remain persistent enough to get results.

Re: Help with midland CA

Anonymous — Sun, 04 Dec 2011 06:00:40 GMT

this midland one is interesting, it seems like they re-aged the debt. It came on at a bad/good time. Bad because im in the middle of a mortgage, and they MAY repull if i cant close by jan 23rd but good because im already approved, YAY

Status as of - Date opened - Date of last activity, the last one is wrong, this account went to collections in 06

Nov, 2011

Sep, 2011

May, 2007

Re: Help with midland CA

RobertEG — Sun, 04 Dec 2011 12:13:05 GMT

There is kind of a mixing of terminology when you say the debt collector failed to verify the DEBT as part of a dispute through the CRA. Disputes under the FCRA rarely involve the inaccuracy of the debt itself.

DV letters under the FDCPA are for validation/verification of the debt, and requrie that the debt collector check with the OC, and get their statement that the debt is valid.

Disputes through the CRA under the FCRA are based on the accuracy of specific items of information reported to the CRA, which rarely involve issues of the debt itself.

When you say that the prior debt collector deleted based on non-verification of the debt, the issue for reinsertion of deleted information is "what was the information that was disputed as inaccurately reported" in the dispute through the CRA, They may have deleted for various reasons. If the information now being resinserted into your credit file is not the specfic information that was subject of the FCRA dispute through the CRA, then it is fair game for reinsertion without having to comply with the resinsertion certification requirements of FCRA 611(a)(5)(B).