Midland, yeah I know about these fools

My understanding (and I could be wrong) is if you dispute the account with the CA they cannot put it on your credit reports until it is verrified (Or after the 30days they orginally give you to dispute and don't say anything). So i believe they are in violation, but someone can correct me if i'm wrong. I'd write the collection agencies (I'm assuming you disputed it online the first time)? Saying Midland never responded to validation letters mailed (Include copies of the CMRR card) if they still report it I do believe you have grounds for a lawsuit.

Thanks for replying...I think from what I read, was that Midland has to be the one to delete the TL or if they ignore it, then it gets automatically deleted. However, since they went in and "verified" the account (whatever that means) that was in dispute, that's all the CRA cares about. I don't think writing the CRA's is going do anything, they would probably just resubmit the info to midland as consumer reporting an innaccuracy again, and the cycle would continue...I think I need to go after Midland to point out that I am aware of their violations and that if they want to avoid a lawsuit, they'd be smart to delete the account from their records...It's not like I was dodging these guys, they just keep ignorning me...

Here's what I would do.

I'd write corporate and let them know they voilated Fair debit collection act by reporting you to the CBR's when you disputed the trade line and never received a response back, and demand deletion of it from the CBR's within a certain amount of time. Send it Certified return mail receipt. If they don't remove it, contact a Consumer law attorney with all your proof.. and file a lawsuit.

I am in the same boat with a debt collector right now, on two debts. Both have been formally disputed within the original 30-day window form initial communication. To date, the CA still calls once in a while, still sends out "limited time settlement offers"...

You are onto something about your credit reports--they can report it within that 30 day window, UNLESS you have already disputed it. If they report it to the CB's after they get your certified DV letter, they are then in violation of the FDCPA. The FTC has stated that reporting on a credit bureau report IS collection activity, and as such cannot be done if a DV request has not yet been answered. Here is what you need to check:

1--the original dates that they reported this debt on your credit reports.
2--the subsequent dates of each and every update to those credit reports.
3--the date they responded as "verified" to your CB disputes.

Now, get a copy of your USPS signature card ready, the one that you got back from when you sent them the original DV letter, as well as a copy of that letter. You will want to document all of this to Midland in order to drive your point home. The dates will show that:

1--they got your DV letter.
2--they ignored it.
3--they continued to report/update your credit files.
4--they verified an unvalidated debt to the credit bureaus.

Keep this in mind--it is a maximum of $2500 statutory penalty for violating the FCRA(the federal law that deals with credit reporting). Here's the kicker--EACH violation is worth up to that much. So, if they verify both your EX and TU reports, that's two violations right there. If you can show that they updated, for example, three times on each report since they got your DV letter, that would be SIX violations more. You see where this is going....if they have 10 violations, you could sue them for $25,000....now, that doesnt mean a court would give you that much, but the more you can show their willful noncompliance and careless practices, the better your chances could get of seeing the upper end of that scale. And you said you wanted leverage? How much leverage do you think $25,000 in FCRA violations, plus the amount for FDCPA violations, would give you over a $900 debt that they most likely cannot validate?

It is of course up to you, but I wouldnt be asking for a simple removal, I would make them an offer--a "limited time settlement offer" like they love to send out! If the total of their violations comes to $25,000, I would list them all out, remind them of the penalty under law for each one, add them up, then be sure to tell them that this amount does not include any additional amounts as allowed by law, such as legal fees and court costs that they would also have to spend if you proceed to court. I would then offer to them something like this:

1--Midland agrees to pay you the sum of $10,000, a much-reduced amount for their repeated and willful violation of federal laws.
2--Midland agrees that this matter shall be considered permanently closed, thus, they will not try to collect from you on this debt ever.
3--Midland agrees not to sell or assign this debt to any other collector(only if they own it--if they do not, then dont put that because it wouldnt apply).
4--Midland agrees to immediately remove any and all references to this debt from all of your credit reports and agrees never to put it back on them.
5--you agree that this matter shall be permanently closed and that you will not take any further action against them concerning FCRA and FDCPA violations.

I probably left out some details, but thats the basic idea. Send them a letter that includes this information by certified mail. Include COPIES of your supporting documentation, keep the originals for yourself of course. Be sure to give them a time frame in which they must respond to this offer, and state that they need to resolve this issue within that time frame to avoid any further actions, such as lawsuit. Its their choice at that point if they are fine with paying some now or more later, your choice. But be prepared, they may try to call your bluff and wait for your summons on them to arrive. Honestly, you have what I feel to be a good case, and I wouldnt be satisfied with merely removing this from your reports--for one thing, midland is known for buying junk debts....if you dont force them to consider this matter closed they will simply sell it to the next junk debt buyer in line, and youre starting all over again.

Ok, now I'm confused :)

They originally reported on 8/2008- both EX and TU, I haven't pulled my Equifax, but I'm sure it's there. The 1st letter they ever sent me was on 11/2008. I asked for DV and they never responded, however they did mark my reports as "Disputed by consumer", but to date they haven't mailed me any validation (not even a half ass attempt at validation, like other CA's send me) So since they never responded I figured I was going to try the "let's get these TL's deleted from my report" and that was 2 days ago. And only 2 days later, they have "verified" my acct, but I never received anything in the mail, so I'm wondering do I need to wait to see if they mail something to me now? Since they verified with TU, maybe they mailed something to me with the verification? maybe I need to wait 30 days from the date I filed my online dispute before I can catch them for violating. Also, I was reading over the FCRA, and was just seeing a maximum of $1000 per violation, do you what sections I should specifically be quoting?

Quote:

THanks Skydivr, you've helped me before, I had another username on this site but it was to revealing, so I got a new acct. Anyway, I think what I kind of did, without really meaning to, was what's called the "1-2 punch" I was hopping around on a few boards and saw this info.

Yeah, I know the whole bit about DV, I've gotten those crappy computer printouts from some CA's but really they're doing all that is required under the FDCPA, but I know if they were to sue me, then those types of docs won't hold up in court.

Question, if I scream violation to Midland about how they never sent me validation after I asked for it, can't they just say, "yeah we did" b/c most CA's don't CMRRR to debtors...what kind of legal leg do I have to stand on here? Midland hasn't called or mailed me a thing since sending them my DV letter back in Nov.

Ok dates I checked, CR were pulled 3/17/09. TU says date updated 2/2009 so just last month, under remark it still says "acct disputed by consumer" now on my EX report, it is blank in almost all of the fields...I didn't even notice until now (I'm new to doing the credit repair myself) this is a big no-no, right? It sais, Midland Credit Mgmt and has an Acct #, and date opened of 8/1/2008, but has no balance , no past due, etc. I wonder how this one will come back since I disputed it with them??? I'll have to get my Equifax pulled.

bumping for more help....I need to draft my letter to MCM, they verified both with EX and TU and to date have ignored the DV letter I sent them months ago...I need some legal lingo to point out the exact violations??