New Collections Account -- Please Help!

[Anonymous]

I just received an alert from Equifax Complete of a new collections account. It is something from Midland Funding for the amount of $1,038. That's all the information I was given and that it's showing up on my Experian report.

I'm freaking out! I have no idea what this could be and I'm wondering how I should handle this. How do I get more information about it. Has anyone dealt with them before??

[Anonymous]

Ok, so I just found out that this is from an old T-Mobile account that closed the end of 2007 and was placed for collections in early 2008. Midland just bought the debt in May of 2012. I don't know who the credit agency was before that but they do not show up on my report at all.

What should I do here? I asked for a PFD and that I could pay the account in full today and they said they can not do that.. Period. But they are offering 50% off the total amount due. At this point it is only showing on Experian. Should I pay this and just try to GW it later. This might keep it from hitting the other two CRA's.

Any suggestions would be highly welcomed and appreciated!

[Anonymous]

Midland funding is a bully, they will walk all over you if you let them.   THey lie, cheat, steal, and break the law when they feel like it.   THey ve been sued by several state att. Generals and love to sue in return.  The good news is that they are incredibly sloppy, and usually can't  validate a debt,  the bad news, they ll lie about it.  

    Ok, you got them on your cra,  did they send you a dunning letter?  Is it even your account?  Are you in or out of the statute of limitations?   If they didnt send you a dunning letter, then the 30 day validation period began with the first communication.   Send them a Debt Validation letter as soon as possible,  but make sure to send it certified so you have proof.   IF its also not your debt,  you can complain to the BBB, FTC and your state attorney general.   If they bug you on the phone you can send them a stop and desist letter to keep them out of your hair.  You can also send the original creditor a 623 letter.   You can dispute it through the cra as well, but its been my experience that MCM will lie anyway. But it might work, and you can dispute repeatedly, as long as its not frivolous.  You can also sue them in court, if you can prove violations of the fdcpa, fcra, or such.  Good luck

[Anonymous]

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@Anonymous wrote:

Midland funding is a bully, they will walk all over you if you let them.   THey lie, cheat, steal, and break the law when they feel like it.   THey ve been sued by several state att. Generals and love to sue in return.  The good news is that they are incredibly sloppy, and usually can't  validate a debt,  the bad news, they ll lie about it.  

    Ok, you got them on your cra,  did they send you a dunning letter?  Is it even your account?  Are you in or out of the statute of limitations?   If they didnt send you a dunning letter, then the 30 day validation period began with the first communication.   Send them a Debt Validation letter as soon as possible,  but make sure to send it certified so you have proof.   IF its also not your debt,  you can complain to the BBB, FTC and your state attorney general.   If they bug you on the phone you can send them a stop and desist letter to keep them out of your hair.  You can also send the original creditor a 623 letter.   You can dispute it through the cra as well, but its been my experience that MCM will lie anyway. But it might work, and you can dispute repeatedly, as long as its not frivolous.  You can also sue them in court, if you can prove violations of the fdcpa, fcra, or such.  Good luck

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Wow...I'm still new to all of this and that's a lot of overwhelming information. First off I'm afraid if I wait to long they will report to the other two CRA's that's why I'm wondering if it would be best to Pay it and then GW afterwards.  Also, what is a 623 letter? The OC never reported to my credit report. I'm worried if I wake the dragon so to speak, they will report and it will hurt me even more...

[RobertEG]

If they posted to your CR and did not send a dunning notice within 5 days thereafter, they are in violation of FDCPA 809(a).

You can send a complaint to the FTC, and cc: a copy to the debt collector.  It will let them know that you are aware of your rights, and may soften their dealings with you.

I would not suggest filing a dispute or sending a cease communication letter at this point.

Until you have information to support a clear inaccuracy in reporting, you have little basis for a dispute.  You cant just dispute in general or make renewed disputes on the same information.

Disputes directed to the same information can be summarily dismissed without investigation as "frivolous or irrelevant."  Dont waste your rights on an unsupported dispute.

A cease communication letter relates only to communications with you, not to the entirety of the collection activities. 

I would suggest first sending a DV, which places a more comprehensive cease collection bar on them until such time as they provide verification.  That also extends to any additional credit reporting.  The purpose of both dunning notice and debt verification is to give you the necessary information that you now dont have.

Once you have verification of the name of the creditor and the amount of the debt, you will be in a much better position to dispute.

If you then desire to send a cease communication letter, you can do so.