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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Tue Nov 04, 2008 7:24 am
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If they have not validated the date within 30 days from the date they received your letter, you should send a second letter along with the receipt for your registered mail for DV letter you have send earlier. You should mention in this letter, that the creditor has not complied with the fair debt collection practices act and so they are in violation of the Act and if they do not remove the negative listing from your credit report, you may file a lawsuit against them.
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Justin
Joined: 17 Jul 2006
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Posts: 1240
28942 Magic Points
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Tue Nov 04, 2008 7:38 am
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Yes, and after you send this second letter by certified mail, you need to wait for 15 to 20 days for their response. The collection agency may either remove the negative listing from your credit report or they may not respond. If they do not respond to your second letter, you may send dispute letter to the credit bureaus with documents in support that you have asked for debt validation which the CA has not replied. The credit bureaus will get the listing verified and remove it from your report.
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All the Best 
Justin |
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johnk
Joined: 17 Jul 2008
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Posts: 13
661 Magic Points
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Tue Nov 04, 2008 7:50 am
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OK, so I am assuming then that I should just ignore the letter they (Midland Collection Agency) sent (that I posted as an update to this thread) in response to my first letter? And then just send a second certified letter to them; again requesting verification? Then if they do not provide proper verification, I should send all this information to the Credit Reporting Agencies to have it removed from my report?
Thanks,
JK |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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carol
Joined: 27 Jun 2006
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Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Fri Nov 07, 2008 6:41 am
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Hi johnk
You need not send a debt validation again the second time if you have already send a DV letter by certified mail. However, the second letter which should also be send by certified mail, should only be a reminder mail that they are in violation of the Fair Debt Collection Practices Act and they should either validate the debt or remove the negative listing from the credit report. Wait for 20 days for their response and if they do not respond properly, send dispute letters to the credit bureaus asking them to remove the listing from the credit report.
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Carol |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Fri Nov 07, 2008 11:44 am
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| I agree do not pay anything on this account and just send the DV letter. Midland is one of the hardest companies to deal with and loves to ring your phone off the hook. They make the amount you owe skyrocket and think that you will pay most of it. Best bet is if you are protected by the SOL jsut do as was mentioned and then write this company off. It will be for your best benefit. Oh and by the way..it is not unlike these people to contact your family members alos...they can not tell them why they are trying to rach you but they will drive them crazy too. |
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dtmichaels
Joined: 13 Jan 2009
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Posts: 9
292 Magic Points
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Subject: Midland??
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Tue Jan 13, 2009 3:49 pm
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| I'm also in the process of disputing things with Midland. It has been over 30 days and I haven't received anything. So at this point, do I send a copy of the letter I sent them along with the signature of receipt to the credit bureau? |
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Doc
Joined: 02 Dec 2008
Doc's page
Posts: 184
Location: McKinney, TX
1127 Magic Points
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Wed Jan 14, 2009 11:42 am
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Midland Credit Management is notorious for failure to provide sufficient validation.
In fact, they tend to send out letters that ask YOU to provide proof of YOUR case... Simply remind them that the obligation/burden of proof is theirs, and not your own... Suit is one of the only ways (other than using 'us" - *wink*) to get rid of them...
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-Doc Compton, Omega Credit Repair
I provide info for free, & all I ask is that you visit my site... I don't wanna sell you anything, I just wanna increase my traffic, and push my site up in the search engine rankings...
http://www.omegacreditrepair.com |
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scott
Joined: 28 Jun 2006
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Posts: 446
10878 Magic Points
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Wed Jan 14, 2009 12:27 pm
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You should first send another letter by certified mail to the collection agency telling them that they have violated the Fair Credit Reporting Act by not validating the debt within 30 days from the date of receipt of the DV letter and so they should remove the listing from the credit report. Wait for 10 to 15 days for their response and if the they do not respond, you can send a dispute letter to the bureaus along with the return receipt that you have asked for debt validation.
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SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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Mary
Joined: 06 Jul 2006
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Posts: 686
17396 Magic Points
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Wed Jan 14, 2009 12:51 pm
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When you send a dispute letter to the credit bureaus, the credit bureaus verify the debt with the creditors or the collection agency whose name appear in your report. If the creditor cannot verify the debt properly to the credit bureaus, the bureaus remove the listing from your report. However, you should make all correspondence with the bureaus through certified mail as a proof. Now if the bureaus do not remove the listing, you can file a compliant with the FTC and the State AGs office.
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Where there's a will, there's a way !! |
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dtmichaels
Joined: 13 Jan 2009
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Posts: 9
292 Magic Points
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Subject: Thanks
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Wed Jan 14, 2009 3:21 pm
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That was certainly some insistful information. I certainly do appreciate the advice.
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Sincerely,
Devin |
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fireyone
Joined: 26 Feb 2008
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Posts: 4285
127 Magic Points
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Wed Jan 14, 2009 6:00 pm
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| A little note about midland Devin, I dealt with these people in the past also. I went online to look them up and find as much information on them as I could. I suggest you do too. You will see they always buy up past due debt they can not validate. Sometimes they will actually take you to court. As long as you cover your back and send everything certified and prove they did not validate you could win against them. I sent them a debt validation a while back and thats all it took. They have never (so far) contacted me but when I looked at my credit report a little later I seen what they had done is sold the debt. This started new series of new collectors until after a few years then they just quit (collectors in general) calling or sending letter wanting ridiculous amounts of money. |
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dtmichaels
Joined: 13 Jan 2009
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Posts: 9
292 Magic Points
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Subject: Midland
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Fri Jan 16, 2009 6:23 pm
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Well today I ended up getting a letter from a company called NCO Financial Systems, Inc. Basically stating that I'm to be advised that Midland Funding LLC has now placed my account for collection. Funny how this happened right after I sent a certified letter to Midland requesting that they validate this particular debt (well over 30 days now). So do I need to start this process again with this new company or can I send the signature request and a copy of the letter to the Credit Bureau requesting removal? I hope this made sense.
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Sincerely,
Devin |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3927
10 Magic Points
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dtmichaels
Joined: 13 Jan 2009
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Posts: 9
292 Magic Points
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Subject: So
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Sat Jan 17, 2009 5:50 am
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So when does it actually come time to send the letter to the CB??
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Sincerely,
Devin |
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