As many of you know through my previous posts I have been having some problems with Midland Credit. I disputed as per the advice of this panel an account which is as follows: The account is listed as paid and closed in 3/2005. Current status:collection account,Type of account: OPEN and on Truecredit they have me as 120 days late as well thus counting as 2 strikes on my report. I just got back the Equifax reply and original credit report stating" The prior paying history has been deleted from this account. This creditor has verified to equifax that the current status is being reported correctly.Additional information has been provided from the original source regarding this item. Any questions contact Midland Credit." After many disputes specifically disputing the fact that is open and it is even reported as late on one report what's next? I mean are they that stupid at Equifax to see closed paid and open on the same account and leave it uncorrected? My main questions are what should I do next, who's responsible for this inaccuracy Equifax or Midland? Should I even bother calling Equifax? If i have to sue who should I sue. I mean I sent 3 certified letters to Midland in San Diego with no response, they aren't even licensed in Nevada to begin with. I'M A COLLEGE STUDENT AND DON'T REALLY HAVE MONEY TO SUE. HOW SHOULD I GO ABOUT OBTAINING A RESOLUTION TO THIS SITUATION? SHOULD I FILE A COMPLAINT WITH THE NEVADA AG, BBB ETC? ANY HELP OR GUIDANCE IS APPRECIATED AS THIS HAS BEEN GOING FOR AWHILE WITH NO END IN SIGHT.
You would sue both Equifax and Midland. Before filing, you will need a copy of your report from Equifax, not the online version, but one ordered directly from them. Just choose one of the free options. As to Midland, they don't gave a damn. They think they are above the law, they do as they will. You can sue, but in order for it to be effective it will have to be federal. Midland plays the game, its better to pay the fine than to comply with the law.
I have the original report on truecredit they have it as 120 days i don't see it on the original though.
A Truecredit report has no weight in court. You will be amazed at the disparity between the reports the CRA's provide consumers as to that a third party (True Credit) sees.
What I meant to say was that they have it open and closed on my Original Equifax and 120 days and open on my truecredit.
Not completely uncommon for them. They just report anything and call it a daisey. Generally, they're hard to delete absent litigation.
Do you think a letter to their counsel in MS would help or would be ignored as the others? You would think that Midland not being licensed in Nevada they would desire to avert litigation. Also how about letters addressed to various management members throughout their company or am i wasting my time. As far as litigation goes should I file small claims or federal and under what grounds etc.. I never had to file a lawsuit.
I spent three days deposing Midland. They could not tell the same story twice. They just don't care. They flat out refused to follow a federal judge orders. They only complied when their attorney was going to face contempt charges.
Their counsel is open to deletion and about 1.5k per action before sending it on to local. Anything beyond that and they tend to go full blown discovery and motion practice. Of course, postures differ as to local counsel but, typically, MCM instructs them to be uncooperative. As Enigma stated, they generally do not care. We do have some success with them but, honestly, you stand a better chance just winging it. We can ripen your claims but, if we didn't delete them from all three you'd have to sue anyway. If I did have to institute a civil action, I would name the credit reporting agencies and MCM both. Go through the FCRA and name every applicable provision for the credit reporting agencies. Apply 1681s-2b to MCM and find everything applicable to MCM under the FDCPA such as 1692e, g, so on and so forth. I'd file in your state trial level court to save some money. They'll probably remove to federal anyway.
