cancel
Showing results for 
Search instead for 
Did you mean: 

Midland keeps verifying, who do i file a complaint with

tag
leen7132
Established Member

Midland keeps verifying, who do i file a complaint with

I had 4 or 5 collections with midland funding. All were assigned to an attorney and all had a judgement against me. All of them were paid in full, at closing, with the sale of my house in december. 

One of them is still reporting an increasing balance every 3-4 days. Its up to $10 today. 

OC was Comenity. It was sent to midland for collections. i have the letter from the attorneys office stating it was paid in full.

I reached out to midland. Who told me there's nothing they can do .... seriously. 

I have disputed it THREE times now - even providing the letter from the attorneys office each time. 

Transunion deleted the collection within minutes of me pressing submit. 

Equifax deleted also i think - i have to double check that one. 

Experian...... MANNNNNNN. Experian has "verified" it twice now. I just sent a third dispute, even providing the letter from the attorneys office each time. Now experian tells me that i can no longer dispute it bc i have already disputed it. 

What do i do next???? Who do i file a complaint with? Can sue either one, because this is a complete headache and waste of my time fighting this. It shoudl not be this difficult, when i have proof. Even the judgements are marked satisfied. 

Message 1 of 9
8 REPLIES 8
Remedios
Credit Mentor

Re: Midland keeps verifying, who do i file a complaint with

You file a complaint with CFPB against Experian for failure to perform reasonable investigation.

Make sure you upload proof that's it paid and proof you attempted to resolve this with EX on at least two occasions. 

 

Message 2 of 9
OmarGB9
Community Leader
Super Contributor

Re: Midland keeps verifying, who do i file a complaint with


@Remedios wrote:

You file a complaint with CFPB against Experian for failure to perform reasonable investigation.

Make sure you upload proof that's it paid and proof you attempted to resolve this with EX on at least two occasions. 

 


This.

 

And if this fails, then I'd look into hiring a consumer debt protection attorney (I forget the exact type of attorney they are) and they can help you with next steps. 


Last App: 1/10/2023
Penfed Gold Visa Card

Currently rebuilding as of 04/11/2019.

Starting FICO 8 Scores:




Current FICO 8 scores:


Message 3 of 9
bass_playr
Established Contributor

Re: Midland keeps verifying, who do i file a complaint with

Mad respect for Omar and the wealth of knowledge he shares, but personally I would go to the attorney now.  I wouldn't wait for the CFPB to do anything.  I would consult a local consumer protection attorney.  When you've given them this many chances and they still keep doing this, it's time to make them learn the hard way--with their checkbook.  

 

I would file suit against the bureau for FCRA violations and against the debt collector for FCRA and FDCPA violations.  Let them pay you for your time at this point.  Most consumer protection lawyers take cases like this on contingency, meaning you need no money up front.  They will take their cut of whatever the court awards you and you get the rest.  This is probably about as open and shut as a debt collection case could be IMO, you have everything you need showing it was indeed paid in full so there's nothing they can hide behind.  And the fact that you disputed three times shows a pattern of not only illegal action but also a complete lack of common sense on the part of Experian.  Under the law they MUST consider any documentation you provide.  I'm guessing that the letter you have is from the attorney's office that sued you?  That's even better, it's Midland's own lawyer saying you paid in full, and Midland is doing what Midland does best--break the law.  

 

There are apparent violations so far as follows--my opinion only:

 

MIDLAND--

1--FDCPA, for falsely stating the amount, character or status of a debt

2--FDCPA, attempting to collect amounts not owed--this one ONLY applies if your state courts have said that credit reporting is debt collection activity.  

3--FCRA--reporting amounts not owed

4--FCRA--reporting a satisfied account as still open

5--FCRA--two counts of refusing to correct false info 

 

EXPERIAN--

1--FCRA--three counts refusal to follow dispute requirements

 

I am not a lawyer.  But to me, this is at the very least worth a free consultation with one in your area.  I wouldn't go the CFPB route because the best you'll get is them removing it under threat of possible CFPB action.  If you go to an attorney with the evidence you have, the attorney would do the heavy lifting and chances are good you'll get a settlement offer for doing nothing more than talking to that lawyer and letting them handle it all for you.  I can't imagine that either Experian or Midland would want to try to fight this one out....and if they did, that's gonna look better for you anyway.

Message 4 of 9
JoeRockhead
Senior Contributor

Re: Midland keeps verifying, who do i file a complaint with

I certainly agree whole heartily with what @Remedios suggested. If your ultimate goal is to simply have this removed from your file as quickly as possible. With all due respect to everyone and their opinions, unless you know an attorney that will send a letter with documentation on your behalf for cheap, and that is a real possibility, hiring an attorney outright to fight someone with much deeper pockets than you is 1. very expensive and 2. very, very time consuming. which is something I'd say you are trying to avoid.

 

I don't know what your life experiences are but unfortunately, I've had the (dis)pleasure of having to use an attorney several times throughout my life, the last time was several years ago when I had to sue a former business partner who tried to stick me with a 6 figure business credit card debt by him simply filing for BK... It took three years, and over $35,000 in attorney's fees to get it resolved in my favor. It certainly doesn't hurt to speak with an attorney. Any ethical attorney is going to be completely up front with you about what it might cost you and your potential monetary gains (if any) but I would temper any expectations for a massive payday. 

Message 5 of 9
bass_playr
Established Contributor

Re: Midland keeps verifying, who do i file a complaint with

"With all due respect to everyone and their opinions, unless you know an attorney that will send a letter with documentation on your behalf for cheap, and that is a real possibility, hiring an attorney outright to fight someone with much deeper pockets than you is 1. very expensive and 2. very, very time consuming. which is something I'd say you are trying to avoid."

 

This is not the case with many suits.  One cannot apply their experience with different needs and think it is the same with all situations.  A consumer protection attorney suing on your behalf for FCRA and/or FDCPA violations is a totally different situation than being a debtor on commercial credit situations.  Contingency cases do not cost you anything up front, and the attorney takes their fees out of the award.  So you don't end up paying them yourself.  And time is not an issue--in this case, Joe sued his business partner.  Completely different issue and expectations for court.

 

"I don't know what your life experiences are but unfortunately, I've had the (dis)pleasure of having to use an attorney several times throughout my life, the last time was several years ago when I had to sue a former business partner who tried to stick me with a 6 figure business credit card debt by him simply filing for BK... It took three years, and over $35,000 in attorney's fees to get it resolved in my favor."

 

Again, totally different.  When you sue as a plaintiff and it's not a contingency case, you are going to have to pay a retainer fee to your lawyer, plus you have to pay court costs, plus you have to keep paying the attorney over the life of the case.  In FCRA/FDCPA cases, where you can show that the debt collector did violate the law, a lot of these cases are not drawn out because when the other side knows you can prove they did wrong, they like to settle.  A big consideration here is that you no longer owe them money, so they have no leg to stand on even in trying to offset or countersue.  And, debt collectors don't want to waste time and effort--and certainly not money--on a situation where they cannot get any money out of it themselves.  

 

"It certainly doesn't hurt to speak with an attorney. Any ethical attorney is going to be completely up front with you about what it might cost you and your potential monetary gains (if any) but I would temper any expectations for a massive payday. "

 

I understand what Joe is saying here, but no one was talking about a "massive payday".  FDCPA allows for a maximum of $1000 in statutory damages plus any actual damages, no matter if they committed 1 FDCPA violation or 100.  FCRA damages are different but you're not going to become a millionaire off of this case.  

 

That said, it could still put up to a couple grand in your pocket--or possibly even a little more.  And let's be honest--you would meet with an attorney, and if they take it on contingency, all you need to do is give them the info and documentation they ask for, and let them handle it for you.  Some months down the road, it's all done and you get a check for the award minus the attorney's cut.  Even if you had to pay the filing fee up front, you are entitled to seek that money back from the debt collector and credit bureau.  Would this be worth it to you to let a lawyer handle it for some months even if you just ended up with, say, a few hundred bucks at the end for basically doing nothing?  I sure would say it is.  Of course, your attorney would be demanding that they immediately remove all inaccurate credit reporting and so on.  

 

Tempering expectations is important, but so is considering that two very different court cases are going to be totally different from one another.  

 

Message 6 of 9
leen7132
Established Member

Re: Midland keeps verifying, who do i file a complaint with

I've come back to update bc as a forum user myself, updates from OPs are valuable. 

I fought experian. I disputed a thousand and ten times. After the third "verified" I was beyond frustrated. Midland was of absolutely zero help. Experian kept telling ne I had to talk to midland. Midland kept telling me I had to talk to the lawyer. The lawyer kept telling me I had to talk to midland. 

I sent experian a hand written snail mail letter. I threatened everything I could think of in the letter. I provided proof including copies of the satisfied judgement, emails from the lawyer, and transcripts with Midland. And I ended this letter with the fact that if they are considering this valid and verified they have to provide me proof of such immediately. I CCed the lawyer and Midland. 
I just got notice in the mail that experian has deleted the trade line. 

I am astounded at how freaking difficult these companies make this out to be. Everyone just points fingers and we are the ones fighting. 

now I'm off to fight a bogus $255 medical bill that popped up a few weeks ago. Which they shouldn't had even be able to place on my report with the new laws, it's not mine, and they are using a company name that does not in any way indicate they are medical bill collectors. Experian is fighting me on this one too. So is Equifax. 

by far Transunion has satisfied every single dispute within minutes. 

Message 7 of 9
OmarGB9
Community Leader
Super Contributor

Re: Midland keeps verifying, who do i file a complaint with

Congrats on the win, and sorry for the continued issues. 


Last App: 1/10/2023
Penfed Gold Visa Card

Currently rebuilding as of 04/11/2019.

Starting FICO 8 Scores:




Current FICO 8 scores:


Message 8 of 9
FireMedic1
Community Leader
Mega Contributor

Re: Midland keeps verifying, who do i file a complaint with

Persistance pays off. Congrats!


Message 9 of 9
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.