Just wanted to get some comments about this. I am continuing to go back and forth with Midland and after much research have read numerous references to collections that are being reported as open tradelines and the increased damage this does on FICO scores as opposed to being reported as collection accounts as they should. Midland is currently reporting to CRAs that I have an open account which is further detailed as a factoring company account under type of loan. DOLA 7/2002 D of first major delinquency - 8/2006 This is on an alleged telephone debt that dates back to 2002. That has never been verified by them. Can anyone let me know if this is in fact a violation or how to proceed?
I'll be interested in answers to that too They are doing the same thing on mine and they're fixing to get sued next week over a $141 account, DOLA in 2000. Really stupid, if you ask me, on their part.
Will do. Since I am such a litigious and aggressive beyatch I'm going to serve the complaint along with a request for production (basically mirroring the validation request) and a request for admissions. You can do that in Texas. So they'll be into legal fees right away for answering the discovery, hopefully that will "motivate" them to settle and delete fast.
Reporting a collection account as an "open" account type is a violation of the FDCPA insofar as it is misleading and a deceptive measure in attempting to collect upon an alleged debt. Verifying such reporting per a consumer dispute is a FCRA violation; specifically, 1681s-2b. Make sure you cite that particular provision if alleging an FCRA count in your Complaint.
apexcrsrv - follow-up thanks so much for the information. I take from your response that I should dispute yet again with the CRAs based on the account being open as a violation. Is there anything I should be directing in parallel to the collection agency? I am afraid at the off chance that the CRA would delete that the CA would just resubmit
Boy i was fixing to ask you guys pretty much the same question. May I post in this thread or should I start a new one? I dont want to be charged fer hijacking..LOL
Please feel free to post your information It would be helpful to see what you are facing and what steps/accomplishments you are making!
Maggiemay Midland Maggiemay, I just this week received the exact same letter from Midland responding to my validation letter. They requested documents, etc. to verify/validate FROM me. Would you please post an update to your situation? Thanks!
