Please Help!! Midland Collection Account

tralyn05 · ‎02-22-2008

Hello All

I just recieved an alert regarding an old Providian Account that was due to fall off in 2010 (according to one report) , this account was oppened in 2001 but I haven't paid anything on it since 2002. I noticed that last week it was reported as being closed/paid (which I thought was strange) but this popped up ... How should I deal with this account being re-aged? I was very excited about cleaning my credit and starting all things new with my newfound knowledge (Thanks to The Boards!) but this is very discouraging. According to the simulator all I had to do was pay my utilization down and my scores would be in the high 600's right now my Ex Fico is down to 576, I was so excited to pay this (never been so excited to pay bills before) but i'm so discouraged.. Please let me know the best rout to take with this collection Agency.

Thanks Everyone

Anonymous · ‎02-22-2008

tralyn05 wrote:
Hello All
I just recieved an alert regarding an old Providian Account that was due to fall off in 2010 (according to one report) , this account was oppened in 2001 but I haven't paid anything on it since 2002. I noticed that last week it was reported as being closed/paid (which I thought was strange) but this popped up ... How should I deal with this account being re-aged? I was very excited about cleaning my credit and starting all things new with my newfound knowledge (Thanks to The Boards!) but this is very discouraging. According to the simulator all I had to do was pay my utilization down and my scores would be in the high 600's right now my Ex Fico is down to 576, I was so excited to pay this (never been so excited to pay bills before) but i'm so discouraged.. Please let me know the best rout to take with this collection Agency.

Thanks Everyone

Tralyn

Midland may just be reporting the date they were sold/assigned the debt.

Are you past SOL? If so you can send a DV to Midland.

It still must drop off fall of 2010. They cannot change the DOFD/DOLA by Providian.

tralyn05 · ‎05-23-2008

ok new twist to this story.. I just recieved a civil warrant from Providian thru LVNV Funding LLC, I had no idea they had anything to do with this account at all. This is my first time hearing from them and the amount is 2,827.74 plus court cost and processing fees. This is not on my credit report, Midland (over 4400.00). This warrant is being handeled by a law office in Nashville and the court date is July 15th. The Process servor said I have the option of calling to make arrangements to avoid court. I've had another company call me regarding this same account but I just brushed it off and refused to talk to them. What should be my next step?

Anonymous · ‎05-23-2008

tralyn05 wrote:
ok new twist to this story.. I just recieved a civil warrant from Providian thru LVNV Funding LLC, I had no idea they had anything to do with this account at all. This is my first time hearing from them and the amount is 2,827.74 plus court cost and processing fees. This is not on my credit report, Midland (over 4400.00). This warrant is being handeled by a law office in Nashville and the court date is July 15th. The Process servor said I have the option of calling to make arrangements to avoid court. I've had another company call me regarding this same account but I just brushed it off and refused to talk to them. What should be my next step?

What state are you in? SOL is important. What is the DOLA/DOFD with Providian???

Don't brush this off!! They can go to court and win a default judgement against you. That will hurt! Did you send a DV? I would send one ASAP. Find out who is legally able to collect.

Post back here to see if someone can help you.

To check SOL:

http://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8

Send DV CMRRR- do not sign, type name only

Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name TYPED (Do Not Sign)

Anonymous · ‎05-24-2008

tralyn05 wrote:
ok new twist to this story.. I just recieved a civil warrant from Providian thru LVNV Funding LLC, I had no idea they had anything to do with this account at all. This is my first time hearing from them and the amount is 2,827.74 plus court cost and processing fees. This is not on my credit report, Midland (over 4400.00). This warrant is being handeled by a law office in Nashville and the court date is July 15th. The Process servor said I have the option of calling to make arrangements to avoid court. I've had another company call me regarding this same account but I just brushed it off and refused to talk to them. What should be my next step?

Since you mentioned Nashville, I am going to guess you are in TN? If so SOL is 6 years. If you stopped paying in 2002, they have up until the last day of the month that SOL would expire to file suit.

If the account is not due to be removed until 2010, I am going to assume that DOFD is July or later in 2002.

Bad news is, that would make this within SOL.

I'd call the courthouse and ask how you are to answer the summons.

There is a sticky at the top of the board(or maybe over on general credit board) about getting sued.

Can you PIF?

Most states allow you to call up and postpone one time no questions asked. Just say that you are getting your paperwork together and getting prepared and need a little extra time. This will give you more time to come up with money to PIF before court date.

What is the original amount of the debt to Providian?

Even though they have filed suit, they will still negotiate a settlement.

If LVNV is the one suing, I'd DV Midland. They have no reason to be on your report.

I'd DV LVNV also, are they reporting?

Do not brush it off. Worst thing you can do.

Message Edited by sidewinder on 05-24-2008 06:39 AM

tralyn05 · ‎05-24-2008

Stef

Thanks for responding, I really appreciate it. I must admit i didn't send the DV last time that it was recommended but I already have one done for midland(thanks for the sample) and I will send one to LVNV Funding even thou it is not on my report. This is the only negative thing on my report and it is hurting my score greatly, I've helped my Husband get his score up but i keep getting set backs with my own

....

tralyn05 · ‎05-24-2008

Hi Sidewinder

No, LVNV is not on my report and that is why I was shocked. The limit on the card was 1650 and i'm hoping that they will allow me to pay that and not the extra fees. I have a bonus coming up in June so I will be able to pay it, do CA's still delete items if it is settled.. Thanks for taking the time to respond.

Anonymous · ‎05-24-2008

tralyn05 wrote:
Hi Sidewinder

No, LVNV is not on my report and that is why I was shocked. The limit on the card was 1650 and i'm hoping that they will allow me to pay that and not the extra fees. I have a bonus coming up in June so I will be able to pay it, do CA's still delete items if it is settled.. Thanks for taking the time to respond.

If you negotiate that, they will.

If LVNV is not reporting, I'd try negotiating a PIF of the original CL and them not to report the account on your CR.

tralyn05 · ‎11-29-2008

ok I thought that this was over

WRONG checked my report and LVNV Funding is on my report now ..I paid this off in June and was told that it would not appear on my report. It is now showing Charge off after collections and as settled for less than the balance and also said that they had the acount since 2005 even though my first time hearing from LVNV was when i got the civil warrant...... My TU fico dropped from 652 to 625

What can I do about this?

jbh · ‎11-29-2008

Do you have in *writing* that they would not re-post it?