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Where did you find the specific state laws and statutes? I live in Florida and as far as I have been able to find out, our laws here are just as vague as the FDCPA.
@DCole3g wrote:Congrats, I just called them yesterday trying to get a deletion and no luck. The account has been paid off for several years and it automatically came off one report, but is still reporting on TU and EX.
If it is past 7 years, dispute with TU and EX as obsolete.
@Chena83 wrote:COngrat! I have been trying to get it delet for yrs. How did you do it? I sent emails, lettter through the mail and all.
It was the Arizona Department of Financial Institutions that put pressure on them. They seem to respond to 3rd party government agencies, so figure out who has authority over collection agencies in your state and complain about them. I'm sure they have done plenty to complain about. Perhaps they don't have a license to act as a collection agency in your state?
They are licensed in FL...I have checked already... I am going to try an ITS letter but with a different twist, I am going to offer them the fee I am going to pay an attorney as a settlement amount if they are willing to remove their improper tradeline. If they do not, I am going to sue them for the violations they are guilty of...
I would slay a barn full of kittens for a midland deletion....and I love kittens.
Midland bought my credit collection and I am trying to see if I can challenge them to get this debt off my credit report dates back to 2007? I have started with validation letter any suggestions?
@tmobileguy wrote:They are licensed in FL...I have checked already... I am going to try an ITS letter but with a different twist, I am going to offer them the fee I am going to pay an attorney as a settlement amount if they are willing to remove their improper tradeline. If they do not, I am going to sue them for the violations they are guilty of...
In hindsight, I would NOT have sent them an ITS letter. At least not until I was very ready to actually file. If I were to send them an ITS letter I would include a copy of the complaint I was about to file.
I think the best approach with Midland is to get outside agency help. Read up on the laws, particularly the local debt collection laws in your state. I'm willing to assume Midland is violating some. Then take your case to the BBB, FTC, your local attorney general, local licensing board for collection agencies, etc. Be aggressive. Ask your state to join states like Texas in suing Midland. When Midland responds in their usual dismissive way, be sure you ask the agencies to hold them accountable and not to let them slink off. This is what ultimately worked for me. Took a few months.
@Anonymous wrote:
I was just reviewing my credit report and noticed the Midland which is the debt buyer who purchased my debt from 2007 has actually placed on my credit file that I was 120 days late in Sept 2012 can they do that and shows that it was opened in 2010? Would that be violation of statute of limitation as I did not think they could re-start the delinquency date if no activity was made. The only thing I have done is dispute the debt but have not made any payments..any suggestions?
My suggestion is to dispute with the CRAs directly. Dispute, request MOV, then find something else to dispute, request MOV, etc. You can dispute the debt entirely, you can dispute the dollar amount, you can dispute the account opened date, you can dispute the ability to list it 120 days late, I assume they are listing as factoring company, I would dispute that also. Pick a couple things to dispute, file it, wait, insist on MOV, then if it isn't deleted, pick two more things to dispute, etc.
Meanwhile, report them to your state for every violation you can find.
@ficojoe wrote:
@Anonymous wrote:
I was just reviewing my credit report and noticed the Midland which is the debt buyer who purchased my debt from 2007 has actually placed on my credit file that I was 120 days late in Sept 2012 can they do that and shows that it was opened in 2010? Would that be violation of statute of limitation as I did not think they could re-start the delinquency date if no activity was made. The only thing I have done is dispute the debt but have not made any payments..any suggestions?My suggestion is to dispute with the CRAs directly. Dispute, request MOV, then find something else to dispute, request MOV, etc. You can dispute the debt entirely, you can dispute the dollar amount, you can dispute the account opened date, you can dispute the ability to list it 120 days late, I assume they are listing as factoring company, I would dispute that also. Pick a couple things to dispute, file it, wait, insist on MOV, then if it isn't deleted, pick two more things to dispute, etc.
Meanwhile, report them to your state for every violation you can find.
Also, I doubt you ever agreed to terms with Midland. You can dispute the 30 day terms they tend to list.