MIDLAND FUNDING UPDATING WITHOUT VALIDATING DEBT

[Anonymous]

On may 26 I pulled my CR on saw a collection from midland funding that i was not aware of or notified so I sent them a debt Validation, once againg in july I resend them a DV letter. Its been over 2 months and yet they have failed to respond to it. but they continue to update to CRA. I contacted the so called OC and they dont have info on that acount or on midland funding. What are my next steps this is the only negetive item remaining on my CR.  what are my next steps to get them to delete the collection. both DV letters i sent i get no response but they updated both times.

[RobertEG]

First issue... was your DV timely? 

If they never sent dunning notice, the DV would have been timely, putting them under a cease collection bar, and thus making their continued reporting a violation of that bar.

However, violation of FDCPA 809(b) is not, in itself, basis for compelling deletion of their credit reporting.

You can handle their violation by sending complaints to them, by formal complaint to the FTC, letters to others such as your BBB, state AG, or filing your own civil action, but those would have to play out.  They are not FCRA violations.

Complaints might result in their decision to bale out, but that is up to them.  You have gained some advantage based on their violation, but not one that will be basis for compelling immediate CR deletion.

[Anonymous]

I have never recieved anything from them. the way i found out was when I pulled my CR. as soon as i found out i sent the DV out. but Im guessing they got the account on 2/1/2012 the OC was continental finance and they sid they dont have info on that account. or know anything about midland funding.

[RobertEG]

I would get a letter from the OC stating that they never referred the debt to the debt collector.

Armed with that letter, I would file a dispute over the accuracy of their reporting based upon evidence of no collection authority.

They apparently cannot obtain verification from the OC, and thus the lack of response to your DV.  However, I would not approach it based on lack of verification, as they dont have to provide verification within any specific time under the FDCPA.  Your FDCPA issue is apparently their violation of their cease collection bar.

I would approach it directly as no collection in fact, and thus disputable under the FCRA.

Your letter of lack of legitimate collection authority would also serve as pretty strong basis for bringing civil action against them for knowingly false reporting to the CRA.