Validation letter comes back ...WOW

Discussion in 'Credit Talk' started by bonezzz, May 3, 2004.

  1. bonezzz

    bonezzz Active Member

    well, the CA got my validation letter to validate there clame and i received this,...

    "the purpose of this letter is to request your assistance so that we can reach a quick resolution to your dispute. We are attempting to verify your dispute and would be helpful to have a copy of any documentation you may have that proves your dispute. In the interim we have requested that the 3 major CRA change the status of this account to DISPUTED..."

    This is Midland MCM and if I'm correct I requested for them to verify there clame to the account right?
     
  2. bonezzz

    bonezzz Active Member

    ok, thx

    I'm not sure if this acct was sold by cross country bank (Orig Holder from a CO in 2000).. because it's not stated on the CR...If not how do thay get to do this replay...( hope I'm Stupid) and if i send them the documents, do they roll back the clock on the time...I'm in NYS and i beleve it's 7 yrs..

    THX ALL
     
  3. GettinHip2

    GettinHip2 Member

    I got that same letter from Midland Credit about a month ago. In it, they also asked for copies of MY records "to help (them) resolve the issue" Yeah, right- are they on crack? I wrote back and told them it was on THEM to prove the debt exists, not me to prove it doesn't. I haven't heard from them since, even though I've sent 3 more letters.

    Turns out, they DIDNT report the account as "disputed", verified the debt to the CRA anyway, and just received an ITS from me demanding my $2,000

    Knuckleheads, ALL of them!!! :)
     
  4. jlynn

    jlynn Well-Known Member

    Re: Re: Validation letter comes back ...WOW

    There is an FDCPA letter that says just the opposite.

    http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

    II. "Is it permissible under the FDCPA for a debt collector to report, or continue to report, a consumer's charged-off debt to a consumer reporting agency after the debt collector has received, but not responded to, a consumer's written dispute during the 30-day validation period detailed in § 1692g?"

    As you know, Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained. Because we believe that reporting a charged-off debt to a consumer reporting agency, particularly at this stage of the collection process, constitutes "collection activity" on the part of the collector, our answer to your question is No. Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls. Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e(8) to inform the consumer reporting agency of the dispute.
     
  5. jlynn

    jlynn Well-Known Member

    Re: Re: Re: Validation letter comes back ...WOW

    Thanks for the clarification!
     
  6. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Validation letter comes back ...WOW

    if i send them the documents, do they roll back the clock on the time...I'm in NYS and i believe it's 7 yrs..
    bonezzz
    ==================
    They don't want documents they want a confession.
    If you send them documents you are saying it's mine because if it wasn't yours you wouldn't have any documents. Get it? ~~~~~~~~~~~ If you have a debt with them who's supposed to have the documentation - you or them ?
     

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