I requested a validation and this is what I received. Dear (My Name) Midland Funding LLC purchased all right, title and interest in the above-referenced FCNB-NEWPORT NEWS account on 12-04-2007 Our records indicate (MY name) with Social Security Number ending **** is the responsible party on this account. The account was charged off on 12-08-2004. The account was opened on 11-23-1999. the account remains unpaid with a current balance of $5,364.24 Please feel free to contact us at...... I was thinking they should have given me more then a half page letter.
What did you ask for in your letter to them? If you just asked for validation that it's your account, they gave you that. If you asked them for how they arrived at the balance, they didn't give you adequate information.
This is what I asked for Please provide me with the following: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent
They don't have to reply to the last three. However, they should have at least shown you the original amount, what has been added--fees (what, how much), interest (how much, at what rate, for what period of time) and any other charges.
I was thinking they should send me something other then a letter stating this stuff as facts don't they have to prove it? I can't just take these nuts at their word. So I should now send them a second letter stating that this was not a proper validation? Section 809(b) "Validation of the debt" requires debt collectors to obtain verification of the debt from the creditor and mail it to the consumer.
Yes, their first letter was dated 01-05-2008 I don't remember what day exactly I received that. I then sent them a validation letter certified with return receipt on 01/31/2008 I received the return receipt on Feb. 7th.
What they sent does not meet the requirements of the FDCPA. In fact, simply sending a letter FROM THE CA is specifically listed in case law and FTC letters of opinion to not meet the requirements. To meet the validation requirement of the FDCPA, the CA must request validation from the OC and then forward that validation from the OC to the debtor. The only "loophole" I can see is the OP didn't specifically request validation pursuant to the FDCPA (at least in the excerpt posted above). The "least sophisticated" consumer, however, might be forgiven that so I'm not sure if that is a problem or not. It's nice to note that the CA/JDB bought "all right and title, blah, blah, blah" but that doesn't excuse them from providing the information required by the FDCPA. If they are reporting this on your credit report, they are in violation. (Now if they included the address of FCNB-NEWPORT NEWS, they they would have met the requirements). So the question now is, who's going to be the first to file a law suit? You or them?
You need to respond with a letter stating that you affirm that what you received was not proper and full validation as required under the FDCPA. Send again CMRRR. Add that you continue to dispute this debt until adequate proof has been provided. This will cease "continued collection activities" until they do, or..it will give legal grounds for suit should they continue collection activity.
ccbob, Thanks for the info. This is what I had in my first letter. To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on January 01, 2008). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for â??verificationâ? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureauâ??s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Are they reporting this on your credit report? If they aren't and they aren't pursuing any other sort of collection action, then maybe you can just scare them off to go after the next one on the list. If they are, then you need to decide if you want to take 'em to court.
As a side note, that "form letter" for dispute REALLY needs to be updated. It's VERY old and probably not as effective as it could be. Realistically, less is more. All your validation letter needs to say is: If you tell them to cease all communications then the only thing they can do is sue you, so use that option carefully. You can tell them that it "is inconvenient for you to accept telephone calls at home or at your place of employment at any hour of day or night." and they should stop calling. (15 USC 1692c(a)(1)). You can request that all future communication be in writing, but you can't really demand it. I suppose, you can demand whatever you want, but the CA is under no obligation to comply.
Yes they are reporting it on my credit reports. They reported it sometime last month with Experian and just yesterday with Equifax. Equifax is reporting the balance date as 06/01/2004 and Experian is reporting it as 12/13/2007. Is the date reported on Experian considered re aging? I am confused on the original date some I think the 06/01/2004 is about the right time. My SOL is TX and that is 4 years. So the way I understand it if they are going to sue it better be soon. I have disputed it with Esperian a few weeks ago and am still waiting for that but Equifax came up yesterday and I haven't disputed that yet but will soon. I know now after reading more I shouldn't have used the form letter and wrote it more simple and myself. Letter #2 I wrote but used a form letter as guide on how to do it.
