Chase charge off and Midland collection account

[suzeeq]

Ok got it!...and no I sent Midland nothing, I had no records from 2005 so really couldn't/can't say if the acct they're trying to collect on is mine and wouldn't have known if the amt was accurate, plus I went online and read a lot of things about them, so I just wanted to avoid them completely, and they must have been on a roll with taking ppl to court the week I got my notice - I had seen when reading up, a lot of others had received notices around the same time as me too.


One again ..Thanks so much for the help!!

[suzeeq]

Back again, there was a minor detail I forgot to check on - looking at the recent offer letter I received from MCM, the address they have is in PA and above it reads "return mail only - no correspondence" so I'm guessing the address I want to use is the one that's listed for them on my CR's - which is in San Diego, CA.

Also, this is to Hal, in regards to the DV/SOL you shared in one of your replies. I don't plan doing an exact same letter - just looking at yours as a guide, I'm gonna' do a shorter one, but in the first line of your letter it states that you both "dispute" the debt and "request validation" of it - so would this make the letter more like a 2-in-1, so to speak - both a dispute and a DV?...actually meant to ask this is my last post and forgot.

Thank you once again!

[Hal Jordan]

well, you dispute the debt the with the credit bureau and request validation from the CA.. but it's the same for the purpose of the DV letter.

I would send the letter to the address listed on your credit report. However, either one would work.

[suzeeq]

Thank you..you all have been a really great help as has all the info put together on this forum. Just wish I would have known about doing all this stuff a long time ago.

Another thing, and this is not so much a question as it is an observation, there's seems to be different opinions on whether or not to send dispute letters to the CRA's via CMRR. I plan on just sending mine regular mail, but was still curious about whether it was a bad idea or not. I know in the beginner's section I read that unless you plan on suing and need documentation, it's best not to use it and one of the reasons I read given for not doing CMRR was - "CMRR on a regular dispute looks like a CRO....those along with all of the regular typed up form letters are processed and sent through to the dept where it is all computerized (just like online disputing). Human hands will never touch those letters.....and that lessens your chance of a deletion. . Still, I was thinking - even if you didn't plan on suing, suppose they were to receive your dispute, and were slow at responding to it, by not using CMRR you'd have nothing to prove when they actually received your dispute. Just wondering what all the thoughts here were on this.

[Hal Jordan]

Well, if you feel uncomfortable sending it regular mail you can always send it certified or Priority with delivery confirmation (sig waived). Either one of those will give you a date and time they were delivered and provide proof that it was delivered.

Good luck.

[suzeeq]

Thanks again Hal

I have a couple more general questions about fixing your CR..don't wanna make different threads so figure I'll add them here..for anyone who knows.

If you have any personal info that needs to be removed/corrected, should you wait 30 days after doing this before filing any disputes for credit errors, or can you go ahead and dispute those as soon as the personal info has been corrected(if they correct that is)? and, after correcting any errors in personal info..do they send you an updated report, like they do after any credit errors are corrected/removed?

Also, if you request and receive a free report - because you've been denied credit, would this report be considered the same as your free annual report -as far as giving them extra time to respond -45 days instead of 30, if you were to use this CR to file any disputes?

[Hal Jordan]

Yes, you can dispute personal information any time. EQ and TU will let you file those online where EX will just tell you it's associated with some lender so you need to talk to that lender.

Write them a letter stating you're afraid of those address because you only lived there a short time and you're now afraid of identity theft. Let them know that some shady people are living there because you just saw on the news or in the paper that a methlab bust just happened there. yada yada yada.

If you are denied credit you are entitled to a free credit report and if you use that to dispute it will be the 45 day maximum vs the 30 day maximum (they don't take 45 days very often anyway).. But really this is a slow process anyway. What difference does an extra two weeks make?

[Lian]

A couple of observations.

First, if you want the actual DOFD reported to your credit file, you can get it by simply sending the CRA a request under FCRA 609(a)(1) for any information in your credit file.

Identify the "FCRA Compliance Date/Date of First Delinquency" as the information you request, and additionally request the name of the party who reported the DOFD. It could have been either the OC or the debt collector, pursuant to FCRA 623(a)(5).

REquests under FCRA 609(a)(1) must be accompanied by the fee set forth in FCRA 612(f), which is currently $10.50.

As for any SOL letter, I suggest that you first be careful of what your state SOL code says. Most SOLs are not prohibitions against bringing legal action, they are a defense against legal obligation to pay based on the expiration of your SOL period. They permit the creditor to bring legal action, and require that you show up in court and prove your SOL defense. A few states do provide for an SOL exclusion against the creditor even bringing legal action if SOL has expired, but that is not the normal SOL running for a consumer defense. Be careful to understand what the SOL you are referring to does and does not prevent.

[suzeeq]

Hello..and thanks for the continued help and advice, this is one of the things I learned from reading here - that even if it's no longer within the "legal" SOL they can still try to collect and sue you.

On another note, I received a notice in mail over the weekend regarding a class action lawsuit against Midland. Maybe some others here received one too?