Hello Jam, Thanks for your kind wishes. My mom is slowly getting better, but I am so tired. TransUnion & Experian updated their information regarding the account. I have not heard from Innovis or Equifax in response to my dispute letters. However I have received a letter from Midland Credit stating that I don't owe the debt and that they will remove it from all credit bureaus. They did say that this had no bearing on the report from the original debt owner though. Can it be totally removed? Or is this is? At this point should I call the credit bureaus to see who is reporting the debt now? Thanks so much for your advice.
Is the original creditor on your reports, if so, you would have to fight the original creditor independently. The process is sort of similar, but the original creditor doesn't have a duty to provide validation of the debt; HOWEVER they are required to CONCLUSIVELY VERIFY their data based off of the original account documentation, and not just a cursory review of their computer systems, if you argue that there is some sort of error that requires a more thorough review. Johnson v. MBNA would be the caselaw that you would want to review - In that case, Johnson was having an account which she alleged was her ex-husbands account, report solely on her credit reports as only being HER account after he declared bankruptcy. She argued that she was only an authorized user, and that would be supported by the fact that MBNA didn't have her DOB or SSN, just her name and address. But because surviving a NOT MINE dispute only requires 2 of the 4 pieces of information, MBNA was able to verify that they were claiming that it was her account with just her name and address; the court said that they had a duty, when she was arguing that she was only an AU, and not a joint owner of the account, to review the original documentation to CONCLUSIVELY verify whether or not she was only an AUTHORIZED USER or a JOINT OWNER of the account. If the original creditor isn't there, there is a technique that you can find on here called the Subsequent CA Strategy. Basically, the FDCPA prohibits the transfer or sale of the account from representing that said transfer or sale of the account subjects you to actions prohibited by the FDCPA. The account is in a collection froze status, if another company comes along and is transferred or sold the account, and they resume collection activity, before the previous CA OBTAINED and MAILED validation, both CAs are falsely misrepresenting that the transfer or sale of the account subjects you to activity prohibited by the FDCPA. Theoretically, the account could be transferred or sold thousands of times for the next million years, but after I make three or four of the collection agencies that are selected pay me for their first letter, they slowly start to get the hint.
Thanks so much Jam. I finally got a chance to look over the info they all sent me. It looks like they increased the charge off amount and high balance. At any rate I have the letter from midland. I can't tell whether the account is being reported by the original creditor or midland. I think I am going to call all the bureaus today and tell them about the letter and if need be fax it over to them. When you say you make the collection agencies pay- what do you mean? You sue them?
Let's just say, in most cases, I can not legally answer that question... But to use a line from Top Gun "the list is long, and distinguished"... But sometimes you don't need to actually file, to achieve what you want, for them to go away. If within 24 hours of having the account, you receive a fax/letter that says, I am going to sue you for this account, are you going to want to keep the account longer than you have to? Are you looking at the paper version of your report, or the online version? Usually, it lists at the top, the name of the reporter, and their contact information, along with the entry. BTW: Don't ask them about the letter; even when its a letter that specifically says that you don't owe the debt. The CRAs are known for using any evidence that you send against you.
Ok gotcha I was looking at the paper version of my credit report. I hope I didn't get myself in trouble. I went ahead and called after I posted and both Experian and Transunion wanted the letter. I faxed the letter over to transunion, but mailed it to experian because they wanted to me sign up to this thing to upload the letter. So I hope they don't use it against me. I will wait a few days and then call them back. Thank you so much for all your help and support.
Equifax is a jerk. They didn't want to see the letter. The item is still on my credit report. They told me I have to call midland to get it removed.
Wait, didn't Midland already send you a letter telling you don't owe the debt and the account would be deleted from your credit reports? And if so, have you been able to confirm that the OC is the only one still reporting to the credit bureaus?
If EQ said on the phone they don't want to see the letter... I would send it to them anyhow... IF they refuse to investigate in spite of having the letter, I (personally) would file against both EQ and Midland.
Transunion deleted it from my credit report. I got the letter this morning. Hello Joshua. Yes, I did get that letter from Midland. It looks like Midland is reporting it and not the OC. Hi Jam! Ok. I will try to find the fax number for EQ. I am just waiting to hear from Experian now.
Happy to hear the news regarding TU! Hopefully you get a similar response from Experian after they review the letter you sent from Midland. Check the sticky in this forum for the latest fax numbers we have for Equifax: Fax Numer for Equifax
Thanks! I tried multiple times to send it through, to EQ but the line was busy each time. I tried to send it a few hours ago and the same thing happened. I don't know if they are that busy or what.... Also, when I talked to Experian they told me that they didn't have a fax number and wanted me to upload it via a link. So I decided to mail the letter to them.
Hmmm, interesting. Well the CRAs are known for ditching fax numbers often and moving on. If it eventually works or if you find another fax number that works for Equifax, please let us know and we can update the thread. Experian probably prefers to use the digital upload since there's no paper to deal with and there's lesser risk of losing or misplacing something that they receive. I find it hard to believe they don't have a fax number though. They probably just don't want to give it out to consumers.
Experian told me that the letter was not enough to have the item removed. They are now conducting another investigation.
That's interesting. Well hopefully Midland will follow through with what they told you and delete the account once and for all. Were you able to find a fax number for Experian that finally went through?
Hi Josh, No I never did find a good fax number. Sorry. It seems that Experian and Equifax won't delete. They also are not reporting when it will fall off. On my old transunion credit report it was scheduled to come off next year. I want to thank you and Jam for all the help. I really appreciate it.
More than happy to help. If I recall correctly, didn't Midland respond to you a few months ago in writing and tell you that they would delete the account from your credit reports? If they haven't followed through with that promise and are the only ones left reporting the debt, then I would definitely be following up and badgering them on that. What kind of communication have you had with Midland recently?
