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Midland Funding LLC, Assignee of Aspire

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Anonymous
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Midland Funding LLC, Assignee of Aspire

I recently  diputed this account with all 3 cra's. It was originally an Aspire card,then Midland bought and when I disputed. I recieved a letter from Wolpoff & Abramson, LLP. They are saying at this time no attorney has viewed this case ,What should I do next?
Message 1 of 28
27 REPLIES 27
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

Anybody have any suggestions?
Message 2 of 28
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

I am in a similar manner... similar in that Midland is attacking my credit reports in all sorts of ways, supposedly on behalf of Aspire, which seems to have no contact information whatsoever!  I have been asking about ways to deal with this. Not many people have responded directly to the threads I have posted, but there are MANY other threads about Midland where people have offered up advice.  I am trying to glean from those responses how to handle it.  From what I gather, and re: your situation, Midland has 30, some say 35 days, (I am not so clear on this) to verify this account.  If they do not, they have to delete it from your CR.  I do not know if a deletion will mean the debt. is cancelled since there is a statute of limitations in which time they can sue.  You have to find out what the SOL is in your state.  My understanding is that it starts on the day of your first deliquency with the original creditor, Aspire in your case.  If that time has passed, Midland cannot legitamately sue you and it is a matter of waiting until the account falls off your report, which can take 7 years or them not validating it in 30-35 days.    Do a search here for Midland.  It is how I got most of this information.  Hopefully, others will reply as well and let you know if my info is correct and also give you more information.  I am still trying to decide which is the best course of action myself.  But, you do not care if Midland's lawyers have not yet verified the information.  You just hope they can't do it within 35 days!  Hope this helps.


Message Edited by RecoveringMyLife on 02-26-2008 04:47 AM
Message 3 of 28
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

From what I understand, it looks like Midland has assigned/sold the account to someone else.  This is legal.  They both can not report to the CRA.  If you sent a DV to Midland, after 30 days they are no longer legally able to report to the CRA if they do not validate. A deletion does not mean a debt is cancelled.  Debt is never cancelled.  After the SOL has expired you can not legally be sued for that debt. 
 
Yes, the date for SOL begins on the DOFD or DOLA, which ever your state goes by.  Again, all that means is you can not legally be sued after that date has expired.  It has nothing to do with how long it stays on your report and whether it falls off of your report or not has no bearing on the SOL.  Say for instance you have a debt that the DOFD is May 2001.  Your states SOL is 15 years for credit card debt.  The SOL would expire 2016.  It would fall off the CR in 2008 due to the 7 year limitation on degrogatory debt on your CR.  However, you could still be sued until May 2016 due to the SOL.
Message 4 of 28
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

So do I need to negotiating with the law offices or what is the next move I need to take to get this completely resolved?
Message 5 of 28
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

Who is on your CR?  I would send a DV to both of them.  Do not call them.
Message 6 of 28
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

Midland and Aspire Card, I disputed them with the cra's.The attorney's office isn't yet,So I need to DV all?
Message 7 of 28
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

No, you do not DV an OC.  Aspire would be the OC.  DV Midland and the attorney.  I am sure that the attorney is a CA.  Do not wait for them to show up on your CR.  Do a search for a DV on this forum.  There is a really good one that I used. I can't remember who posted it though.
Message 8 of 28
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

ok, thanks, I will do this pronto. I will keep you posted.
Message 9 of 28
Anonymous
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Re: Midland Funding LLC, Assignee of Aspire

The DV I use is from Lonnster.
Message 10 of 28
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