Hello! I would like to first say thank you to everyone for posting. This board has provided me with a wealth of information. Thanks!!!! I sent a letter of validation to Midland Credit Management company requesting validation of debt that they are reporting. 7 days later (today) I received a letter from them notifying me that they need my assistance in resolving the dispute and they would like for me to provide them written proof to support my claim(a settled in full letter or a police report in case of fraud). They notified me that they have requested that the 3 major CRAs change the status of the TL to "Disputed" I pulled my CR today and as of this time the TL is still showing 120+ days late..etc and not marked as "disputed". I am aware that this is in no way any kind of validation and that is what I requested. Should I just ignore this letter and wait the remainder of the 30 days for them to validate? They basically have just flipped the letter around on me and ask me to prove to them what I am asking them to prove to me. I sent them the following DV from the samples. Your Name Address City State Zip Company Address City State Zip Date RE: Account #_________/Original Creditorâ??s Name Dear Sir/Madame: Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. Sincerely, Your Name don't sign - - - Include the following on a separate sheet of paper - - - CREDITOR DISCLOSURE STATEMENT Name and Address of Collector (assignee): _________________________ Name and Address of Debtor: ____________________________________ Account Number(s): ____________________________________________ What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO Has the purported balanced of this account been used in any tax deduction claim? YES/NO Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. ________________________________ Authorized signature for Collector Date_______/_______/_______ Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts. Any advice on what I should do now would be sincerely appreciated. Kingsx
I got the same thing from them. I waited 30 days and now I sent them the estoppel. We will see what they send me after that.
Thanks I will definately let you know if I hear anything else from them. Has anyone else had this experience? Kingsx
I got most of this off a CN post, but modified it to include a paragraph noting that their letter seemed to indicate they had no documentation of such a debt. You also might ask them to document authorization to collect in your state, specifically naming the requirements. I am still awaiting response/considering legal action, so any constructive criticism of this letter would be appreciated. Midland Credit Management, Inc. 5775 Roscoe Court San Diego, CA 92123-1356 Date: RE: Letter dated xx/xx/xx / Account #: xxxx / Certified Mail # xxxx This letter serves as a formal notice of your failure to adequately respond to my lawful request for â??validationâ? in my letter of xx/xx/xx , deposited on that date by certified mail with the U.S. Postal Service. This should also serve as your notice that you have already committed violations with regards to the Fair Debt Collection Practices Act (FDCPA). I am maintaining a careful record of my communications with you for the purpose of initiating legal action against you if you do not resolve these issues as required by law. Again, I am not requesting â??verificationâ? that you have my mailing address. Rather, I am requesting â??validation,â? defined as competent evidence that I have some contractual obligation to pay you, which should include legal documentation of the following: > Your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter > Your authorization of law for your collection of information > Your authorization of law for your collection of this alleged debt > Proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. Your letter of xx/xx/xx seems to indicate that you do not have the required documentation to justify your collection activity. It is your responsibility to demonstrate any contractual obligation I have to pay you under the aforementioned laws. I have also included a Federal Trade Commission (FTC) opinion letter for your reference that addresses this issue. Additionally, your letter of xx/xx/xx is documentation of continued collection activity, a clear violation of the FDCPA. Be advised that sending unsubstantiated demands for payment through the United States Mail system may also constitute mail fraud under federal and state law. You have fifteen (15) days from receipt of this notice to respond to this correspondence. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed. I am prepared to enforce my rights under the previously mentioned statutes if continued violations occur. I encourage you to resolve this matter appropriately and avoid legal action. Regards, Your Name Address Good luck
GovCon, Thank You Very Much! The Letter is very helpful. I plan on sending it out CMRR tomorrow. Has anyone had success using this letter in the past? Thanks again, Kingsx
When you make a statement as fact that IS evidence, albeit not very high on the list. But that's ok, they have produced NOTHING. If one knows nothing about a debt how can you be expected to "prove" it? How can you prove a negative? How, for example could I prove to you that I cannot fly, without killing myself that is? lol Wollman is usable when a 3rd party collector attempts to send a computer statement as proof that you owe. It's not applicable here. My attitude (and response) would be, now that you've proven you don't have the evidence of this debt, I demand that you immediately remove it. You have exactly 5 business days. On day #6 I'm gonna sue your a$$. Here's a case you'll want to look at. It's another CA. company. http://www.ftc.gov/os/caselist/9823542.htm For Release: August 24, 2000 California Debt Collection Agency Settles FTC Charges Of Fair Credit Reporting Act Violations The proposed settlement would require PCM to provide correct delinquency dates when reporting collection accounts to credit bureaus. The agreement also mandates the proper investigation of disputes. Where PCM learns during an investigation that account records no longer exist for a disputed debt, the company must delete the information from credit bureau files within five days. Finally, the agreement would require PCM to report as "disputed" all accounts where consumers have disputed the information with PCM.
Butch Said: "When you make a statement as fact that IS evidence, albeit not very high on the list. But that's OK, they have produced NOTHING." You lost me on the first sentence ????? Thank you very much for the reply. I read the case and that is interesting. Would you recommend quoting portions of that case in some type of demand letter? Are you aware of any sample letters that reference this case or may be applicable to this circumstance? I get so ELATED every time I get one step closer to my goal of a clean CR. I am down to 2 charge offs and 2 CAs reporting on those accounts. I have sent DV to both, one of them being Midland and the other to Sherman Acquisition. Once I get a clean CR I am buying a house . I have been buying the house I live in, unfortunately for someone else. So thanks again everyone for helping me achieve my goals through knowledge!!!!! Any advise is always welcome with open arms and positive criticism is always welcome... Kingsx
I said: I am down to 2 charge offs and 2 CAs reporting on those accounts. That is actually what I am starting with. Just started the actual DV process on both within the last 2 weeks.
Also, no there are no samples which include the PCM case. I don't particularly like "sample letters" anyway. Just make your own and include the points we've talked about here in this thread. Feel free to post it here, before you send, and get a few feed backs first. You're doin fine, just stay persistent.
If this is the Midland in Texas, go to the Better Business Bureau website and file a complaint. This will help if they are in violation of anything. I sent a validation, disputed and filed an online complaint with the BBB. It worked and they deleted, sent me a letter apologizing for the inconvience.
I sent Midland a dv on May 23 and got that same "request for info" from them. I even got a few messages on my answering machine saying they had a few questions. So I sent them a limited C&D, disputed with the CRAs and so far Midland is gone of off EXP and TU. Sent to estoppel yesterday as I have yet to hear from them. Oh, but they did assign the debt to a different employee a couple of weeks ago and he was nice enough to send me a new dunning letter for my file. (And this alleged debt was no small potatos either!)
quote: -------------------------------------------------------------------------------- Originally posted by kingsx Butch Said: "When you make a statement as fact that IS evidence, albeit not very high on the list. But that's OK, they have produced NOTHING." You lost me on the first sentence ????? Are you aware that if you admit a debt on a phone call that this could be used against you? That's because you made a statement, and a statement is evidence. To accept that your statement is anything else is to accept that your word is worthless. There is a detailed part of my "validation thread" which talks about the escalating worth of items of evidence. Your spoken word, although not terribly high on the totem pole, IS evidence, and in your case outweighs that which the CA has produced. The reason? the CA has produced NOTHING. Preponderence of evidence = you win, (so far). Now if they send you a signed contract then there's another problem, but right now you have the upper hand, USE IT while you can. I have never spoken with Midland on the telephone. Though I did find it rather Ironic that the letter they sent me started out by saying that â??this is in response to your VERBAL disputeâ?. I have never disputed anything verbally with them, nor have I ever spoken to them. I simply sent them a DV. Thank you very much for the reply. I read the case and that is interesting. Would you recommend quoting portions of that case in some type of demand letter? Are you aware of any sample letters that reference this case or may be applicable to this circumstance? I would. I'd photo copy the News Release and include it. I'd fax it to them first and then follow up with CRRR, snail mail. I get so ELATED every time I get one step closer to my goal of a clean CR. I am down to 2 charge offs and 2 CAs reporting on those accounts. I assume you mean one CA each. That's good. Yes I have 2 charge off accounts! And each has an entry for a CA as well. So I have 4 negative entries on my reports. Providian (OC) = Midland (CA), First USA(OC) = Sherman Acquisition (CA). Once I am successful in having Midland and Sherman remove there entries will I then have to work on having the OC's remove there TL's or will the CA's remove the OC's TL as well? THANKS AGAIN EVERYONE FOR YOUR HELP!!!!!
Re: Re: Midland Response Letter to DV HELP King, My point is that a statement is evidence! No - a CA cannot order the OC to remove a TL, but they might have some degree of influence, so try.
Re: Re: Midland Response Letter to DV HELP Butch, Thanks for the followup. Your continued contributions are much appreciated. I must wait on the days to go by now Patience is required.... Then I am going to continue the process. thanks again KingsX
