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Midland, Again!

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Anonymous
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Midland, Again!

I see several people are in the same boat as I am.    I know I have a lot of questions, but I am trying to be clear about when to do what and WHY to do what.  Just when I think I know what to do about how Midland is reporting on one CR, I then question if it is the correct way to proceed for the other two.  My SOL is 6 years and going by what Midland is reporting, I am have 2 or 3 years in SOL. What is the benefit of having a collections account report AS a COLLECTIONS vs.  a revolving account?  If it is a collections account, can they add to the final balance?
 
Equifax reports Midland as a negative account. Date reported 10/07.  Last payment date 9/06. I have never paid these people anything.  I never had an account with them.  It is not reporting as a collections, but in the comments, it says collections account.  It says that is open with a High credit of 952 and a balance of 965. There is no mention of OC.    Is this cause to say, I do not have an agreement with this creditor and they are falsly reporting information?  If I do, what happens next? 
 
Experian:  Actually says that the OC was Aspire.  But Midland  is reported as being opened in 4/06 this time, as an installment account, but in the comments it says that it has been in collections since 05.  Am I understanding this correctly?  They are saying the account was in collections a whole year before I even opened it with them or are they referencing the Aspire account?  There is no mention of Aspire except to say O/C, which is not mentioned at all on Equifax.  On Experian,  Midland seems to be adding interest or something.  The amount has gone up a $35  or so in a few days.  They are reporting me as actually having a credit limit of $952 but having a balance of $1003.
 
I guess TU is reporting it correctly.  There is a date opened, date reported, remarks simply say "placed for collections."  It says Aspire is the OC. 
 
Aspire itself has no listing on any of my reports.
 
Please help, I am trying to understand this.  Do I DV Aspire?  Even I do not know when I had this account.  Maybe it was 05 or 04.  Am I correct in believing that if I DV Aspire, I am asking them to show proof that I had this account?  What if they say, you have to take that to Midland?  Do I D/V them? 
 
I am willing to wait this out because, as I mentioned in another post about this, I used about $190, if that on this card.  The rest is fees, interests, and penalties.  Should I just call Aspire and see what they say?  If I do, I should not admit to know of this account, is that correct?
 
Truthe be told, I am OK with that balance sitting on my CRs for another 2 years or so because while I do not mind paying $200 or even $300, I do cannot  pay $700 in penalties, interest, and fees.  I just do not want it causing any NEW damage.  Just trying to figure out how I do that.  I am still new to all of this.  One day, I will be answering questions for Newbies, for now, I am simply befuddled!
 
I appreciate feedback and insight!
 
Message 1 of 16
15 REPLIES 15
Anonymous
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Re: Midland, Again!

You can't DV Aspire if they are the OC, they aren't required to reply.
 
You can only DV a CA.
 
You need to know DOLA and DOFD.
 
When does it say it will be removed from your CR?
 
If you can't find the information, you can always call the CRA and ask for DOFD or Fall off date.
 
 
Message 2 of 16
Anonymous
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Re: Midland, Again!

I am still unclear why an OC can't be DV'd. Is this only if they have sold it? In any event, shouldn't ANYONE reporting information about you have to provide full documentation in order to be allowed to... report information about you?
Message 3 of 16
Anonymous
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Re: Midland, Again!



nyccc2 wrote:
I am still unclear why an OC can't be DV'd. Is this only if they have sold it? In any event, shouldn't ANYONE reporting information about you have to provide full documentation in order to be allowed to... report information about you?


 
Section 809- Validation of debts-  page 13........applies to debt collectors
 
I assume this is the reason.


Message Edited by sidewinder on 03-01-2008 09:36 AM
Message 4 of 16
Anonymous
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Re: Midland, Again!

There is a letter to send to an OC....not a DV!!  It should be sent  CMRRR.  The OC does NOT have to answer it unless you have disputed with the CRA and it came back verified!


Message Edited by HappyDays on 03-01-2008 11:33 AM
Message 5 of 16
Anonymous
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Re: Midland, Again!

None of my credit reports list a time for this account to drop off.  On a couple of CR the DOFD is 8/05.  Midland is claiming I made a payment in 9/06.  I know I did not make any payments to anyone on this account in 06.
 
I guess I can DV Midland at this point, but my concern is that I am still in SOL.  Even if they do not verify/validate, can they come back and sue me?  It seems they are updating the account every month with a new report date.  Is this reaging?
Message 6 of 16
Anonymous
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Re: Midland, Again!



RecoveringMyLife wrote:
None of my credit reports list a time for this account to drop off.  On a couple of CR the DOFD is 8/05.  Midland is claiming I made a payment in 9/06.  I know I did not make any payments to anyone on this account in 06.
 
I guess I can DV Midland at this point, but my concern is that I am still in SOL.  Even if they do not verify/validate, can they come back and sue me?  It seems they are updating the account every month with a new report date.  Is this reaging?


Re-aging is when they change the DOFD to make the account stay on your report later than it should.
 
They update each month to hurt you. It makes it appear as a "new collection"
 
Ideally, you want the DOFD from OC to make sure CA is reporting the correct DOFD.
 
Was Aspire ever reporting and do you have a copy of the report when they were? If not, call Aspire and ask, sometimes an OC will tell you. Just tell them you'd like to know when you made your last payment and when the account defaulted.
 
If DOFD is 2005 and your SOL is 6 years....then you are within SOL.
 
I do not believe they can file suit if they do not validate when requested b/c that is considered collection activity and they are to cease collection activities until they validate.
 
However, you can DV whether out of SOL or not.......it is suggested not to DV within SOL after the CA has had the account for awhile and all is quiet on the homefront, because you may wake them up and they may file suit.
 
If you decide to DV within SOL, make sure you can pay right away if they do file, in order to keep a judgment from happening.
Message 7 of 16
Anonymous
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Re: Midland, Again!

Thanks Sidewinder!
 
Aspire is not on any of my CRs.  A couple of months ago, I tried to find a working number for Aspire.  I will try again.  I just started monitorying my CRs in January, so I do not know if they were ever on them.
 
Yeah, I am about the the new report dates the hard way.  I disputed several accounts that came back validated and UPDATED so they all look new when they were originally reported years ago.  Is there anything I can about that,or do I just have to deal with those new dates for a few more years and wait until they stop hurting as much in two years?
Message 8 of 16
Anonymous
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Re: Midland, Again!



RecoveringMyLife wrote:
Thanks Sidewinder!
 
Aspire is not on any of my CRs.  A couple of months ago, I tried to find a working number for Aspire.  I will try again.  I just started monitorying my CRs in January, so I do not know if they were ever on them.
 
Yeah, I am about the the new report dates the hard way.  I disputed several accounts that came back validated and UPDATED so they all look new when they were originally reported years ago.  Is there anything I can about that,or do I just have to deal with those new dates for a few more years and wait until they stop hurting as much in two years?



Message 9 of 16
Anonymous
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Re: Midland, Again!

Hi RecoveringMyLife,

You aren't alone. I'm going through the same thing with Midland. I'm so vexed by it all. As soon as I think I understand it, then I read something else and I'm back to square one again. It's really weird how they report it as an account instead of a collections account. Should be illegal. So not cool. Keep me posted on your situation and I will do the same!

Thanks,
Vesper
Message 10 of 16
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