topic Re: Midland Funding Help please! - Not licensed in state question in Rebuilding Your Credit

Midland Funding Help please! - Not licensed in state question

MochiLatte — Thu, 28 Feb 2019 04:50:36 GMT

I have multiple accounts with Midland Funding. I live in the state of MD and after researching through the State of MD Attorney General's database, they show that Midland Funding is NOT licensed to collect or practice at all in MD.

I did write to the State of MD Attorney General's office and was assigned an investigator. Midland did write me stating they are "almost" certain they can practice/collect debts in ANY state. I know it will take a little while for the investigator to do her dilligence and help with this. I'm hoping someone here can give me some insight on how I could possibly move this process along myself. I did multiple debt validation letters. They did not actually validate the debt; instead, they verified it - even after letters 2 & 3. Not sure where to go from here.

On a side note, I had a Chase card go to NCI. They offered to settle for about $390 on a $3600. I tried to write them back to agree to their terms for a PFD. Anyone have any experience with NCI and this? (This was their first offer; it is still within SOL). MD has 3 years. I THINK my DoFD was in May 2017. I would really appreciate feedback, please.

My SS# was involved in Equifax's data breach, as well, and there are multiple things are legitmately not mine; however, after disputing, they came back as "valid." I recently sent out a 609 letter to each bureau and am hoping this will help. Due to the breach and my credit taking a huge dive, I went ahead and opened up (2) secured cards - NFCU and Citi. I'm hoping in the interim this could help until everything is situated, which - if I leave it up to the CRAs, OCs, and CAs, could take forever - whether I was in the breach or not.

I also did send out inquiries that I do not recognize, as well - separately from the other disputes. All done via CMRR.

I am new here, so I apologize if I seem all over the place. Thanks in advance!

As of 2/2019: FICO 8 scores are: EQ: 507; TU: 581; EX: 519

Re: Midland Funding Help please! - Not licensed in state question

RobertEG — Thu, 28 Feb 2019 17:56:21 GMT

If you have documentation that shows that they are not licensed to conduct collection activities in your state, then file a formal dispute with the CRA contesting the accuracy of their authority to conduct collection activities, which includes reporting to a CRA.

It would be nice to have confiramtion from the state AG investigator that they do not have collection authority in Md to support your dispute.

If shown to be true, then the current owner could reassign to another, which would still result in a reported collection.

Is Midland the owner of the debt, or are they only assigned collection authority?

As for your debt validation issue, FDCPA 809(b) specifically uses the term "verification" as response to a DV request.

If they sent verificaiton of the debt, that would be validation of the debt.

If they verified the debt, what did you additionally request, such as the name of the original creditor, that was lacking from their response?

Additionally, lack of what the consumer considers to be adequate debt validation is not a violation, as there is no period for or requirement for the debt collector to respond. Lack of validation would only result in the debt collector remaining under the cease collection bar that was imposed by the DV request, but only if the DV request was timely.

You can, if you consider the validation to be inadequate, bring civil action should they resume collection activities.

Until then, they would not be in violation of any provision of the DV process simply by your assertion that their response was not adequate validation.

Re: Midland Funding Help please! - Not licensed in state question

MochiLatte — Sun, 03 Mar 2019 17:19:42 GMT

Thanks for the response! Apparently, the State Attorney General's office investigator said after their investigation, they were licenesed at the time of placement; therefore, they can still collect. SIGH