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and by the way, Midland never did respond to the debt validation letter

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Justin

Justin

Joined: 17 Jul 2006
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Posts: 1238



28944 Magic Points

 
Posted on Sat Jan 17, 2009 6:09 am  

Hi Dtmichaels
The original creditor has sold off the debt to the collection agency and so he will no longer validate your debt. You need to send you debt validation letter by certified mail to the collection agency to whom you debt has been sold. Now, if the collection agency fails to validate the debt within 30 days period, you can send a dispute letter to the CBs along with the copy of the receipt of the debt validation request to the CA, and tell them that you do not agree with the debt listing and it should therefore be removed from the credit report.
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Justin
dtmichaels

dtmichaels

Joined: 13 Jan 2009
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292 Magic Points

Subject: Thank you
 
Posted on Sat Jan 17, 2009 6:12 am  

It seems that it could end up being a never ending battle of the collection companies, cause all they need to do is keep selling it off. From what I can see on my credit report, it looks as though I have the same debt on there like 6 times, from it going from one company to another. I finally got one of them off my report, just 5 more to go.
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Devin
carol

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Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30065 Magic Points

 
Posted on Sat Jan 17, 2009 6:26 am  

Since you have already send a debt validation letter to the original creditor, and they could not validate your debt within the 30 days period, it means that they no more have the right to collect the debt. Now since the OC has send you a letter that the debt has been sold off to Midland Funding LLC, first pull out your credit report to find out whether Midland Funding LLC is reported there or not. If it is reported in your credit report, send DV letter by certified mail, else wait either to get the debt reported by the CA to the credit bureaus or the CA to send you collection letters claiming the debt.
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anthony

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Joined: 31 Jul 2006
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13609 Magic Points

 
Posted on Sat Jan 17, 2009 6:51 am  

Yes, if the collection agency cannot validate the debt within 30 days, they sell off the debt to another CA who again lists the debt in your report since the present CA lose the right to collect the debt and this process continues. So whenever you dispute any debt with the collection agency and the CA cannot validate the debt, you should immediately send a dispute letter to the bureaus to have the CA listing removed from the credit report.
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Anthony Marx

A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible.
dtmichaels

dtmichaels

Joined: 13 Jan 2009
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Posts: 9



292 Magic Points

Subject: Well...
 
Posted on Sat Jan 17, 2009 3:18 pm  

Here are how things have gone so far. I was able to contact the original creditor in this matter which was Radio Shack. I figured what the heck, I'll go ahead and send them a letter of validation and see. Here is there response:

Dear Sir,

Thank you for contacting us. The Fair Credit Reporting Act does not require us to provide account information to the consumer reporting agencies. The above account was removed from your credit report because:

The account was sold to another company.

--------
So I guess all is not said and done in this matter, because of it being sold off to another company for collections. Do I have to do the process with this new company again, or is there some way to send notice the the Credit Bureau the the original creditor removed the account from my credit report? This is what I ment to say before. Apparently, Radio Shack sold the debt to Midland, and Midland has sold the debt to this NCO.

Now at this point, NCO is stating that I have 30 days after receiving this notice to dispute the validity of the debt or any portion thereof, or they will assume the debt if valid.

Why must things be so complicated??
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Devin
dtmichaels

dtmichaels

Joined: 13 Jan 2009
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Posts: 9



292 Magic Points

Subject: Oh
 
Posted on Sat Jan 17, 2009 3:21 pm  

and by the way, Midland never did respond to the debt validation letter. Do they necessarily have to since this new NCO Financial Systems, Inc. contacted me? I'm not sure if I'm just getting myself more and more confused with this or not.
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Devin
Justin

Justin

Joined: 17 Jul 2006
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28944 Magic Points

 
Posted on Sat Jan 24, 2009 8:22 am  

If the collection agency sell off the debt to another CA, then the current CA listing will be listed in your credit report and you can send a debt validation letter to the collection agency that you find in your credit report. If the new collection agency has still not listed their name in the credit report or has not send any collection letters to you, there is no need to send a debt validation letter to the new CA right now. Wait for them to respond first.
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Justin
Tony
Guest






Subject: johnk
 
Posted on Wed Jul 29, 2009 1:50 am  

Ha, They want you to help them, collect the debt from you.
nathan
Guest






Subject: midland
 
Posted on Sun Sep 27, 2009 10:07 pm  

they did the same thing and went to their gated office and made a big fuss at the gate finally supervisor came out i handed him paperwork from id theft, big deal, they are on aero drive in san diego
OMG
Guest






 
Posted on Thu Oct 01, 2009 6:35 am  

OMG!! The CA doesn't have the document so they are asking you if you can help them with the validation.... lol... This is crazy~ lol

NEVER give any documents to the Collection Agencies... they are the ones that are supposed to prove that you own them the money, not you.
Wasco_Kid



Joined: 11 Feb 2010
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Posts: 32



5424 Magic Points

Subject: DV letter to Midland followup
 
Posted on Thu Feb 11, 2010 8:31 am  

I sent a DV letter to Midland. Waited 45 days. I sent a followup letter to Midland and enclosed copies of the first letter plus certified mail documents showing the date and person who received the DV letter. Still no luck after 3 months. I filed a complaint to Attorney General of California. They contacted Midland.
Midland replied to the Attorney General claiming they received the DV letters and were not obligated under FDCPA to validate the debt because it was past the specified timeline covered by the FDCPA.

I have never received any notice from Midland regarding the acquisition of this account, nor any letters with statements, settlement offers, phone calls, etc. Still they report the tradeline to all 3 CRA and the CRA state that the accounts have been verified by the original source.

Do I now have to sue the CRA and Midland for FDCPA violations or am I going to hang in the wind until the item comes off on it's own.

Account was with Emerge and was sold in 2005 to Midland. First deliquent notice was November 2004.

I initiated contact with Midland and they don't seem to eager at all to pursue any collection activity by letter or by telephone. Just keep reporting until it comes off on it's own I guess.

Steve
Aaron

Aaron

Joined: 08 Feb 2010
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48565 Magic Points

Subject: reply
 
Posted on Fri Feb 12, 2010 10:38 am  

Hi Wasco,

As far as I understand your queries have been answered in
http://www.creditmagic.org/repair/intent-filing-suit-1.html
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Wasco_Kid



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5424 Magic Points

Subject: reply
 
Posted on Fri Feb 12, 2010 4:15 pm  

Aaron,

SHould I request a DV from the original creditor? What statute permits or requires an OC to fulfill a DV request? I cannot use the FDCPA against an OC correct?
Wasco_Kid



Joined: 11 Feb 2010
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Posts: 32



5424 Magic Points

Subject: Remove account from credit report
 
Posted on Sat Feb 13, 2010 4:45 am  

Hi johnK,

I received the same (form) letter from Midland. This is what I would consider the first contact letter from Midland. Do not send anything to them. I made a copy of this form letter, sent it to them with my initial DV letter.
2 weeks letter I received a letter informing me that they have requested the tradeline to be removed from all 3 CRA based on the information I provided.
I would like to upload copies of all 3 letters to show that Midland will backdown.

How do I upload the letters to the forum?
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



538 Magic Points

 
Posted on Mon Feb 15, 2010 2:39 am  

you will need to send a pm to admin to get there permission, they will post it if it is a letter that is wokting for you. Just mke sure that you give as much detail as possible.

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