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
credit
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.
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
send three letters
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.
Thanks cinnamngrl,
Are there sample letters for what to send Atty Gen, demand to col agency, and method of verification anywhere here?
JK
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"
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
MOV goes to the Credit Reporting Agency
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.
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
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
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.
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.
Thanks Carol and Justin.
JK
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"
And this "genuine question" has WHAT to do with my thread and questions exactly?
JK
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.
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.
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
send the second one, but when you do send a copy to your attorney generals office and their attorney generals office too, they will either respond correctly or you won't hear from them again.
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.
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.
Midland??
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?
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...
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.
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.
Thanks
That was certainly some insistful information. I certainly do appreciate the advice.
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.
Midland
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.
Send them a validation letter as well, they will just keep passing the debt on and on to other collection agencies. You may as well keep the validation letter on your desktop so that you can just change the company name and address on the letter to the new collection agency that picks it up.
So
So when does it actually come time to send the letter to the CB??
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.
Thank you
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.
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.
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.
Well...
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??
Oh
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.
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.
johnk
Ha, They want you to help them, collect the debt from you.
midland
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!! 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.
DV letter to Midland followup
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
reply
Hi Wasco,
As far as I understand your queries have been answered in
http://www.creditmagic.org/repair/intent-filing-suit-1.html
reply
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?
Remove account from credit report
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?
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.
reply
Hi Wasco,
goodnatured is right. You can pm to the admin of this site and inquire whether or not your letters can be uploaded, because I have seen a debt validation letter in this forum itself. The mail id of the admin of credit magic forum is "creditmagic.admin@gmail.com" .
you can post a letter in a thread. I guess it wouldn't be a sticky but it would be up
DV with OC
Section 623 a OC must conduct a full investigation within the 30days, OC are not require to validate but must investigate. If they do not investigate within the 30days they must delete item from the 3 CRA
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