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CFPB complaint Midland Funding

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House2021
Established Contributor

CFPB complaint Midland Funding

I have five collections with Midland Funding from five years ago. Based on other creditor disputes, I've learned about half my collections are inaccurate amounts. I had sent debt validations letters when I received the original notices from Midland but they never responded and I wasn't smart enough to go to the expense of certified. So, in response to my dispute, they simply sent a dunning notice, and one of them I really do doubt as I truly don't believe I ever had a Comenity account. So I figured I'd file a complaint with CFPB to get to the bottom of this, has anyone had success when filing a complaint with CFPB regarding Midland Funding? Have you been able to get the items deleted or just the amounts changed?

Message 1 of 6
5 REPLIES 5
Brian_Earl_Spilner
Credit Mentor

Re: CFPB complaint Midland Funding

They have no legal obligation to respond to your DV requests. They're only required by law to attempt to notify you of taking ownership of the debt. You then have 30 days to dispute the validity which forces them to not report it until they've verified the debt. You're long past that. 

 

A CFPB complaint will probably just force them to report the info accurately. There's always a chance they delete it, but I highly doubt it. I've actually seen more success for deletion by people filing complaints with the BBB, even from CA's that never PFD.

    
Message 2 of 6
RobertEG
Legendary Contributor

Re: CFPB complaint Midland Funding

As stated in the prior response, the DV process (FDCPA 809) does not establish any requirement upon a debt collector to ever send the requested validation.  The entire intent of the DV process is to provide consumers a reprieve from continued collection activities until such time as the debt collector chooses to send validation.

 

To that end, sending of a timely DV only imposes a cease collection bar on the debt collector, preventing future communications attempting collection on the debt until the debt collector has first provided the requested validation.

To be timely, a DV request must be sent within 30 days after receipt of the debt collector's initial collection ("dunning") notice.

If not timely, any DV request is purely informal, and imposes no limitations on the debt collector.  It can simply be ignored.

Message 3 of 6
Anonymous
Not applicable

Re: CFPB complaint Midland Funding


@Brian_Earl_Spilner wrote:

They have no legal obligation to respond to your DV requests. They're only required by law to attempt to notify you of taking ownership of the debt. You then have 30 days to dispute the validity which forces them to not report it until they've verified the debt. You're long past that. 

 

A CFPB complaint will probably just force them to report the info accurately. There's always a chance they delete it, but I highly doubt it. I've actually seen more success for deletion by people filing complaints with the BBB, even from CA's that never PFD.


This. I had 2 collection accounts with them and they were all over the place. I filed a CFPB complaint after exhausting other avenues and all that did was cause them to

Update accurately. 

Message 4 of 6
House2021
Established Contributor

Re: CFPB complaint Midland Funding

I did do two credit union credit card complaints as well as a complaint against one of the more reputable collection agencies (Cavalry) with the Better Business Bureau. Two of those are still pending, but I did successfully get one credit union credit card removed from my credit report as a result of my Better Business Burreau complaints. I just figured it would be a waste of time with the Better Business Bureau since most collection companies don't seem to care about their BBB rating 

Message 5 of 6
House2021
Established Contributor

Re: CFPB complaint Midland Funding

I filed my complaint a week ago, I'm waiting to hear back. Fingers crossed, I'll let you know the results. 

Message 6 of 6
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