Please Help!!!!!!!!!!!!!Very Confused!!!!!!!!!!!!!!!!!!!!!!!!

[Anonymous]

Hi,

I previoulsy sent out a call for help but received no response so am trying again.  I had an account with Spiegel (FCNB) I now see on my CR that I paid to card processing center.  Is that FCNB or a CA?  Should I DV that debt.  I have Midland now trying to collect the debt but I DV'd them and still have not heard a response but it has not been 30 days.  Any answers would be greatly appreciated.  I had scores in the mid 600's and now EX plummeted to 554 because of Midland adding an account to the list not a collection.  They reported as an installment account on EX nothing on EQ and a collection on TU.  Very confusing

Thanks in advance,

Trying to clean it up

[Anonymous]

HappyDays and others disagree with me on this - you will hear 'action' on day 31 from them and on day 35 from me (the choice is yours).  There is no code that they must answer in 30 days - that timeframe is based on 'fairness' under estoppel (actually silence of estoppel on their part).  It is however 'reasonable'.  Much of the code provides for 30 days to answer or dispute (FCRA for both the consumer DVing and the CRAs to answer a dispute) - so there is sound basis for the 30.

You need to wait the 30 days and then choose to act - I say 35 to allow for mailing (if mailed on day 30 they they have met your request).   Because if you have to sue for violations (or want to) then the balance of 'fairness' is on your side.

The key is until the CA validates they cannot continue collection activity 9reporting to a CRA is collection activity per FTC opinion letter) - and you are the one that generally has to force the issue with the more unscruplous CAs.

Patience is necessary - it took awhile to get into the predicament - it will take awhile to get out of it.

Message Edited by Lady_Scarlet on 02-17-2008 05:22 PM

[Anonymous]

Thanks Lady Scarlet,

 Do you know if Card processing center is FCNB or was that a CA? 

Trying to clean it up

[LuvsRetro]

floridateacher;

---

Do you know if Card processing center is FCNB or was that a CA? 

Yes, Card processing center is FCNB/Spiegel.   I have them on my reports.

[Anonymous]

Hi,

So even though FCNB went bankrupt card processing is FCNB not a CA.  I am trying to figure out if Midland is the 2nd CA or the first. 

Thanks,

Trying to clean it up

[Anonymous]

Midland would be the first then.  If it says the card processing center, then you paid Speigel, not a CA.

[atlastontheroad]

I am so confused. 

On my TU report, Midland in 1/2008 is reporting a FCNB Spiegel collection though I have never heard of Midland before pulling reports yesterday.   So I filed an online dispute at TU and have written a DV that will be sent CRRR on Tuesday when the post office opens.

Then I look at Equifax and Spiegel in 1/2008 is showing the account as a charge off with account activity in 2004.  I don't remember paying them anything in 2004, but it was  horrible, chaotic, morass in my world from 2003-2005.

I opened the account in Illinois in 1996.  If I made a payment in 2003 did it reset my SOL?  Should I proceed with sending the DV? 

Help!  Please!