Please HELP! MIDLAND CREDIT MANAGEMENT. Need help to clear out doubts!

Good morning to all,

Yesterday I pulled my credit report and saw this (MCM) entry for. I really have no idea what this is for and have been reading topics on MCM on this forum.

I concluded I should send them a Debt Validation letter asking them to prove they legally own this debt and what is that I owe.

The entry seems to have appeared on my CR this month and will not state much more than the following :

Type of Account : Open
Date Opened: 10/2008
Date Reported: 08/2009
Date Major Delinquency First Reported: 01/2009
Date of First Delinquency: 10/2005
High Credit: 800$
Credit Limit: $0
Balance: 800$
Amount Past Due: 800$
Actual Payment Amount: $0
Date of Last Activity: N/A
Months Reviewed: 7
Activity Description: N/A
Type of Loan: Factoring Company Account (debt buyer)
Comments: Collection account
No 81-Month Payment Data available for display.

1) Is it too late to send them a Debt Validation letter?

2) Why is the "Date Major Delinquency First Reported: 01/2009" and the "Date of First Delinquency: 10/2005"?
I do not quite understand the difference between them.

I have been away from the US for the last 3 years, thus I have not had any credit opened during this time.
Also, I am not certain if MCM has tried to contact me because of me being abroad.

I lived in Texas the whole time I was in the US. I found out the SOL for Texas says:
The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)).

Does this means that after 4 years and if the Date of First Delinquency was on 10/2005, then my SOL should end in a few months? But then they have reported Date Major Delinquency First Reported: 01/2009!

Please I would really appreciate any help and info you can give me. I need it.

Sorry for making it so long.

Thanks in advance
JC

i am not sure about the SOL dates, to be honest..
did you ever recieve anything in writing from them? any phone calls?

I don`t know if they have tried to contact me as I have been living outside of the USA for almost 3 years now.

Last month I checked my credit report and I did not see them on it.

I truly don`t remember having any debts for that amount they report.

I am afraid they might sue me and I will not be able to do anything about it, since I am not coming back to the USA until next year.

I`m kind of lost here, this is pretty new to me.

Thank you for your response.

hang tight, someone with more experience will be around to help out

First, you may dispute the account directly to MCM and directly to the credit bureaus. I recommend writing directly to MCM first. Send your letter certified with a return receipt. Wait a couple of weeks, then send your dispute to the credit bureau(s). If the SOL is 4 years in Texas, looks like you're in good shape. The only relevant date is the real date of first delinquency. The other dates don't really have much meaning. Worst case scenario: you are sued and you don't know about it and a judgment enters against you. But if you were never served, you may have grounds to open the judgment (but I'm sure you'd all agree that it's better not to let judgment enter in the first place). Try to find a consumer protection attorney in Texas now to discuss this with. You can find an attorney at the website of the National Association of Consumer Advocates website, www.naca.net.

I will do this. I am sending the DV letter this week to MCM and will wait for a couple of weeks. I read in Texas it does not matter if the first 30 days have passed, they still have to prove the debt when you request for it.
I will inform back here what is the outcome of this matter, it might help other people.

Thank you for your advise.

Cheers