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#johnk - Says,

I found two items on my credit report from the same collection company. (Midland) I think I might have gotten a collection letter from them, but just ignored it. After finding the information on my report, I wrote to the credit bureau asking them to remove the two items.

They notified me that the items were valid and did not remove them--they did change some of the information, like remove 'factoring company', etc.

I then wrote to validation letters to Midland (the collector) and sent them certified mail, return receipt. It has been well over 30 days now and I have not heard back from the collection agency.

I am thinking that I should send copies of the letters I sent to Midland to the credit agency explaining that I asked for validation and that the collector did not provide validation; then ask first what method they used to properly validate the accuracy of their report and then demand that they remove it from my record.

Would this be a sensible way to preceed?

JK

#sdchargers_63 - Says,

Did you have 2 different accounts with them? That MAY be why they posted 2 items. If it's been more than 30 for them to validate the debt. i would send a copy of the letter ( that you sent to Midland..) to the CB's. That way you have proof that they didn't respond within 30 days. Sending them Certified Mail was a good idea.
#johnk - Says,

I did have two different accounts with them. I sent a validation letter to Midland for each account. Neither was answered. So I guess I'll send copies of the letters with my proof of mailing and the signed proof they accepted the letters to the credit bureau. (They are only listed with one bureau.)

Thanks for your reply.

JK

#cinnamngrl - Says,

Report the collection agency to the Attorney General. send copies of the return receipt snd that they refuse to validate the debt.

Send a letter of demand to the collection agency stating that unless they stop reporting your account you will sue for damages. Send this letter by ceritified mail with return receipt requested.

Send a letter requesting method of verification to the Credit Reporting Agencies. The law requires that they respond to this and you need it before you can force them to do anything.

#johnk - Says,

Thanks cinnamngrl,

Are there sample letters for what to send Atty Gen, demand to col agency, and method of verification anywhere here?

JK

#cinnamngrl - Says,

Here is MOV info http://www.creditmagic.org/debt-validation/method-of-verification.html

Your AG's office will probably have a form (hopefully online), so you need to search for it.

The letter to the collection agency will say that they have refused to respond to you request for verification (include copies of letter and Return reciept) and that the law requires that they cease all collection activities including (but not limited to) reporting the account to CRA's. The last line will say "Please consider this a letter of demand"

#johnk - Says,

I checked out some of your links and they are very informative. I have a quick question. This letter http://www.creditinfocenter.com/forms/sampleletter15.shtml titled "The Letter to Send to the Credit Bureaus After the Collection Agency Fails to Validate Your Debt" though it says "Send to the Credit Bureaus" seems to be more geared to sending the the "Collection Agency".

Am I totally remiss in how I am reading the letter or is this a typo in the title of the letter?

Thanks,

JK

#cinnamngrl - Says,

You are asking the CRA to explain how they verified that the Collection agency was reporting the correct information. Who they spoke to or wrote to, etc.

credit info center is great. I have found many good templates there. I have posts under the same name.

#johnk - Says,

Yes, I understand that; but the letter is not saying that...the letter starts "I am continually being called on the telephone by your firm..." and the CRA is NOT the one that would be calling me, all they are doing is reporting the information; so, that letter is not correctly written or is incorrectly titled, as it is clearly directed to the COLLECTION AGENCY and NOT the CRA. This is actually a request to the collection agency for another DV.

JK

JK

#cinnamngrl - Says,

Sample letter 15 - The Letter to Send to the Credit Bureaus After the Collection Agency Fails to Validate Your Debt

this is the letter you linked. it is not what i meant

go this page
"http://www.creditinfocenter.com/repair/MethodOfVerification.shtml"


You may need to design your own letter. the important line to include will be to

Give the report reference number and ask for method of verification per FCRA Section 611(a)(7) .

The thing about using templates is that none will perfectly fit you. You will get tired and copy letters but really you have to get the letters purpose and rewrite for your self. I find my old MOV letter I will post it

#carol - Says,

Hi johnk
If the collection agency do not validate the debt within 30 days from the date of receipt of your DV letter, you should send a second letter by certified mail along with a copy of the return receipt which you got which sending the debt validation letter by certified mail. In that letter you should warn them that since they have not validated the debt within the 30 days period as per the FDCP Act, they should immediately remove the listing from the credit report as they are in violation of FDCP Act and you are going to file a lawsuit if they do not remove the listing from your credit report.

#Justin - Says,

Yes, I agree with Carol. After sending the second letter, wait for 15 to 20 days from the date you send the letter. In most cases, the CA will send you a letter in which they will agree to remove the listing from your credit report. You should send a copy of this letter to the credit bureaus and ask them to remove the listing from your report.
#johnk - Says,

Thanks Carol and Justin.

JK

#johnk - Says,

Here's an update. I just got this letter from Midland in response to my request that they validate my debt. I am assuming that they do not have the necessary documents to validate my debt to them or the original creditor. How should I respond to this?

"The purpose of this letter is to request your assistance so that we may reach a quick resolution to your dispute.

As part of our investigation of your dispute, it would be helpful to have a copy of any doucmentation you may have that supports your dispute. In the interim we have requested that the three major consumer credit reporting agencies change the status of this account to "Disputed".

Please mail or fax cancelled checke, paid letters, police reports, or any other documentation you may have to support your claim to: xxxx.

We can be reached at xxxxx, should you have any further questions.

Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any information will be used for that purpose.

Sincerely,

Consumer Relations"

#johnk - Says,

And this "genuine question" has WHAT to do with my thread and questions exactly?

JK

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