now an even BIGGER CA problem

[Anonymous]

ok, so my week is not going so hot

i have just recieved a new letter from midland credit management for an old CA they have already deleted (and i have the letter from a [Edited] stating this)

they now say they just "aquired" (nice wording for i bought it to scam you out of more money lol) account and i owe 275.00 for a verizon wireless account, but i can take advantage of this GREAT offer for 40% off the amount owed if paid by 1/10/09

i have a letter saying they have deleted this account already...same acct number and all. so how in the heck can they say i owe money for the SAME THING???

it is not on my CR (yet) but the OC is. verizon is showing the account was CO in sept 09. i got the 1st letter from midland for the account in i believe oct? and the deletion letter for the account in Nov.

can someone tell me what i should do. should i DV again? they deleted the account last because it was for early termination fees that i didn't owe because i was military and was deployed so i cancelled the account under the soldier/sailor act. so i know i dont owe the money. or should i just send them a copy of the deletion letter they sent me for the account?

 we are set to close on our new home by the end of the month, and i am really concerned these idiots will add this account to my CR and cause alot of headaches for us. the tenative close date is the 17th..it's not on there now and i am watching it everyday..do you think they will add it before we close?? i got the new letter tuesday i believe...

any help is appreciated

ugh...i hate CA...

Edited to remove personal information. Please do not share personal information belonging to yourself or another person. - sidewinder

Message Edited by sidewinder on 12-05-2008 09:38 PM

[Anonymous]

I would send two letters:

- a DV letter just to run through the motions

- a cease and desist letter stating this debt is invalid and it had already been canceled and you would consider further pursue Harassment and Defamation; include their letter stating deletion of the account

[Anonymous]

i will do this and see how it goes, hopefully it will stop them in their tracks. if not i will be back for more help

[Anonymous]

Is Midland the same CA that just deleted it from your report?

If a different CA deleted it and then Midland sold it, chances are this is going to continue happening over and over until you fix the problem at the OC. The OC needs to recall/ buy back this invalid debt. They should not be reporting either.

Have you contacted the OC about this at all?

[Anonymous]

yes, midland is the same collection agency that deleted it in the first place, and the one who's letter i have.

as far as i know they have not sold the account to another agency, and the letter i have states they wouldn't sell the account, report it, or call/mail me any longer.

[Anonymous]

I would send a letter stating that the debt is invalid and disputed. I would also state that you have already contacted them regarding said debt and received a letter, copy provided,  from them stating they were ceasing collection efforts and had removed it from your CR.

I would be working on the OC recalling this debt and taking care of it.

[RobertEG]

 If I get the scenario right, they have sent you a new collection notice after a prior deletion from your CR.

The first thing I would ask is what led up to the prior deletion?  Did they previously send you a dunnng letter, did you then DV, and they did not properly validate? Is that what led up to their deletion?

If so, the date you first DVd them shuts off all further collection activity, inclduing any subsequent CRA postings, until they send you adequte validation.  If they now make a post to your CR, and all of the prior has been done, this is a direct violation of the FDCPA.

From all you have said, I see little chance of them making a post to your CR that could screw up your score.

Also, if they shoould reinsert a post to your CR, take a look at FCRA 611(a)(5)(B), "Reinsertion of Previously Deleted Material" 

Message Edited by RobertEG on 12-05-2008 10:33 PM

[Anonymous]

I am led to believe the reinsertion of the previously deleted material should apply only to CRAs that have deleted material as a result of a dispute directly with the CRA.

"If any information is deleted from a consumer's file pursuant to subparagraph (A),"

Message Edited by demed on 12-06-2008 03:47 AM

[Anonymous]

---

demed wrote:

I am led to believe the reinsertion of the previously deleted material should apply only to CRAs that have deleted material as a result of a dispute directly with the CRA.

"If any information is deleted from a consumer's file pursuant to subparagraph (A),"

Message Edited by demed on 12-06-2008 03:47 AM

---

I agree.

[Anonymous]

you are correct with everything you said and how the situation unfolded.

i sent them a letter cmrrr today with the original deletion letter and one DV letter. they never DV to begin with, which is why the account was deleted.

i called verizon and they will be removing the CO info as well...so midland now really doesnt have a leg to stand on.

hopefully they just take the letter and shut up. my biggest concern is having it show up and affect my scores BEFORE we close. but i suppose worst case sinerio is the underwritter makes me pay the debt off, which i am more then able to do...i just don't want to and i shouldn't have to either.

 either way i'll deal with these slimeballs accordingly

thanks for all the help!