Midland refusing to delete dispute?

[Anonymous]

So I am at the end of the mortgage process and bank 1 told me I needed a CA removed from my CR and to dispute it, so I did.  I ended up going with bank 2, who can close the mortgage with the CA, Midland, being on the report BUT they cannot close it with the item being listed in a dispute status.  They advised me to call Equifax and ask them to close the dispute or put it on hold.  Equifax said I had to request that through Midland, so I called them. 

Midland told me they could not put a dispute on hold, but could close the dispute and gave me a "control number" and told me to call Equifax and the dispute would be removed.  They then told me I had to sign a letter asking for the dispute to be removed and put me on hold.  When they came back, they told me they could not close my dispute, as it was under "internal review."  I asked to speak to the department doing the review and was told they do not accept phone calls, faxes, email or letters and that I was not allowed to contact them.  They also advised me that their internal review could last 45-60 days and that it may take another 45-60 days to update the status with the credit bureaus.

I have no idea what my rights are, so someone that knows, please speak up.  Can they prevent me from requesting the dispute of the item be closed or put on hold?  Also, I thought that disputes through the credit bureaus had to be answered within 30 days, but they stated they would ask for an extension as their policy is 45-60 days.

Any ideas on this?  The call was recorded, or at least they told me it was when I asked.  They also refused to answer how I could get a copy of the call.  

[gdale6]

ttt

[RobertEG]

It is unclear as to whether you filed a direct dispute with the debt collector, or you filed your dispute with the CRA.

However, in either event, the FCRA requires the debt colelctor to conduct a reasonable investigation, and provide a notice of the results of that investigation, either directly to the consumer is a direct dispute, or back to the CRA is the disptue with filed with them, within 30 days of filing of the dispute.

The FCRA does not include any express procedures for terminatiing a dispute.  It is not a matter of any clear procedure as to when or how a consumer can unilaterally termiante a dispute.  With the short period of onlyy 30 days, that is rarely an issue.

When was the dispute filed?  Mandatory conclusion should be very soon.........

[Anonymous]

It was a dispute through the CRAs.  When I asked Midland to close the disputes, they stated they would ask for extension as their policy is that they need 60 days to properly respond.  I had also filed a complaint through the CFPB and BBB and Midland took more than 3 weeks to respond, and when they did, their response in both cases consisted of "we need additional time to investigate this matter" and both the BBB and CFPB extended the disputes.  

I ended up calling the CRAs to close the disputes, thanks to a post here that had backdoor numbers.  I didn't help though, as Equifax Mortgage can only call the creditor, Midland, for the Credit Supplement that my loan officer requested.  Midland refuses to state whether the disputes are closed or not.  

Midland also updated all the accounts as "closed" instead of "open" but left the balance on them, which made my credit score drop from a 748 on TransUnion to a 654.  This whole situation has been a nightmare.

[RobertEG]

The FCRA mandates that a CRA must conclude its reinvestigation of a dispute within 30 days unless the consumer has submittted additional information after the initial filing of the dispute, in which case the period for their reinvestigation is extended to no more than 45 days.

See FCRA 611(a)(1)(A) for the required completion of reinvestigation within 30 days, and FCRA 611(a)(1)(B) for the additional 15 day provision if the CRA has received additional information relevant to the dispute from the consumer during the normal 30-day reinvestigation period.

There are NO extentions of those periods for any reason.  The CRA cannot simply choose to extend their reinvestigtion.

If they dont verify or correct the reporting, they must delete the disputed information.  FCRA 611(a)(1)(A).

They are also required to mail the Notice of Results of Reinvestigation within 5 business days after conclusion of their reinvestigation.

FCRA 611(a)(2)(A).

They can certainly conduct any internal review they desire, but they MUST complete their reinvestigation within the statutory period, and mail the Notice of Results within 5 business days thereafter.  if they dont, the information is mandated to be deleted.  That deletion, however, is not absolute.  If at any later time they do, thrugh any means including their own internal review, determine that the information is in fact verified or can be corrected to overcome the inaccuracy, it can then be done.

But they cannot delay in formally concluding the dispute by mailing of the Notice or Results, which requires them to also update any pending dispute status to show that the disptue is concluded.  They never have to delete the record of their having been a dispute.

The debt collector is not conducting the dispute, and cannot terminate or delete it. 

The debt collector must investigate and respond back to the CRA.  It is the CRA, and the CRA alone, who concludes the dispute.

Thus, requests to the debt collector to delete the dispute are without any merit.

Your issue is only with the CRA, and is one of their required conclusion of the dispute within the prescribed periods, with no right for them to unilaterally extend their period for reinvestigation.

[Anonymous]

Midland is the antichrist of collection companies. I have one open collection with them left that is set to fall off with EE on TU in 28 days, EX in 58 days and Equifax (the CB antichrist) this coming December 2016.