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Seems like everyone is dealing with Midland, huh? I, too, filed a complaint with the BBB.... are you guys saying that they are sending you letters in the mail instead of sending their response through the BBB? I was going to hold off on filing complaints with the FTC until I got a repsonse from the BBB but now I think maybe I should go ahead with the FTC complaint.
FTC no longer accepts complaints of this nature, it would be be CFPB.
Thanks for the heads up ![]()
Nope, they sent their response online. I responded to the BBB today. After further research, I discovered that they never pulled my credit report until this year from any of the three CRAs. To top it off, Transunion had the date my new address was on my credit report as 7/10/2013. They supposedly sent their letter 3 months later. Therefore, I argued that they were at fault for not sending the dunning letter to the right address and thus the 30 day clock never started. I also argued my DV was valid and every collection letter they have sent since was in violation.
I also cited the following case law:
"[I]f no initial communication takes place, then the thirty day period never begins running." Lane v. Fein, Such & Crane, LLP, 767 F. Supp. 2d 382, 387-88 (E.D.N.Y. 2011).
If an initial communication does not take place, the thirty-day time frame to challenge the debt does not begin to run. Gonzalez v. MIDLAND FUNDING, LLC, Dist. Court, ND Texas (2013).
There was then no "initial communication" from Portfolio sufficient to trigger the 15 U.S.C. § 1692g(a)'s notice requirement. Vartanian v. Portfolio Recovery Associates, LLC, Dist. Court, CD California 2013.
Forgey never indicates when Defendants made their "initial communication" with Forgey in connection with the collection of the debt, such that it would trigger the notice requirements of 15 U.S.C. § 1692(g). Forgey v. Kitchel, Dist. Court, ND Indiana 2012
It's funny, they have hurt themselves in their response. They admitted I requested debt validation, even though they sent a letter treating it as a dispute. They also admitted what address they sent the letter to. I had actually lost the green card showing they received my DV, but I don't need it anymore since they admitted to receiving it. What's also funny (and I pointed it out to them), is that they have already gone to court for not making a correct initial communication.
I'll keep everyone posted on updates.
Starting Score: 584I just went to the dealership to get a copy of my credit report from January 2012....it doesn't have DOFD only DOLA. I threw away my older credit reports (like a dummy) a few months ago and I KNOW that the exclusion dates were 10/2013 and 11/2013. But according to Midland, my exclusion dates are 2/2015 and 8/2016...and I don't have any other avenues to get proof; other than the OC. I am going to try to get DOFD from Verizon Wireless and The Gap and see if they can help me out or not. Worst case scenario is I will try a PFD with Midland for both accounts. I am SO not looking forward to this.

MCM won't do a PFD, but it never hurts to try. However, I've heard some success stories with T-Mobile where people paid their old bill at a T-Mobile store and faxed the receipt to MCM requesting deletion. I'm not sure if this will hold true for Verizon/Gap (or if you can even pay these with the OC).
See if MCM won't validate via the BBB. They did for me, but their whole "dispute" trick is going to bite them in the ass it appears.
Starting Score: 584@accountingGuy, I already filed a complaint via BBB for them re-aging the accounts. Now I am up a creek because I don't have proof of the re-aging. I will send them a DV letter return receipt and then....I don't know. It is past SOL and I am really, really tired of them.

If you send them a DV letter, they will treat it as a dispute. Are you within the first 30 days?
My advice is to dig deeper and keep trying to find files. I've been at this a year and I just got them to show their hand, which allowed me to use information that I had and didn't know would be relevant.
Contacting the OC's might work, but if it's as old as you say it is, it very well could be deleted from their system.
Starting Score: 584Also, have they responded to your BBB complaint?
Starting Score: 584They haven't responded to my complaint yet...they just sent the same letter you got...That is my first time EVER hearing from them. I never contacted them because the exclusion date was around the corner...I was just waiting for them to fall off then BOOM! I see they aren't going to come off until 2015 and 2016 instead of now. ![]()
