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Anybody have any luck getting Midland Credit Management to delete valid accounts? I offered to pay the full balance ($2500) if they delete the account. They said they can't delete, but offered to mark it as paid-in full for $1500. I was really trying to get my accounts removed completely even if it costs me more money. Anybody have experience with Midland?
Any CA that makes a mark on your credit can remove it. The trick here is to let them know that not giving you the PFD is not an option. If I were you I would send them a DV letter and end ALL telephone contact. I would find the holes in every bit of documentation they send you and keep sendin the DV letters with the PFD offer *I will post the one I use below*
Now, you did not mention if you were anywhere near the SOL for this debt so I give this advice assuming that you are probably at risk for being sued. As long as you are waiting for proper validation they cannot file suit. However if they do send proper validation and you dont reach an agreement they CAN file suit. If that happens dont freak out. If you reach an agreement or pay the debt before the answer date nothing will appear on your CR. At that point you probably wont do much better than the paid in full.
Dear Collection Manager:
This letter is to inform you that I continue to dispute this debt. The documentation you provided is insufficient to meet the validation requirement under the FDCPA. You have not provided me with a copy of a contract signed by me, that undoubtedly proved that I have some sort of contractual obligation to pay you. Nor have your provided me with a complete statement of accounting as required by law to be considered full and complete validation.
You have merely supplied me with *INSERT INSUFFICENT PROOF THEY PROVIDED*
Please find a second copy of my original letter enclosed for your reference, as to what satisfies the FDCPA. A copy of any other documents referenced in this letter shall also be enclosed.
I realize that your purpose as a collection agent is to collect debts. In order to bring resolution to this matter, and in light of the numerous deficiencies in your records, I extend to you the following offer: If you agree to the terms and accept this agreement, certified funds in the amount of xxxxxx dollars ($) will be sent to DEBT COLLECTOR in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the alleged debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies. DEBT COLLECTOR agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, DEBT COLLECTOR will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of DEBT COLLECTOR. Should you accept these terms this letter shall constitute a legally binding contract, enforceable under the laws of YOUR STATE. No payment will be made without written confirmation. Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this ONE AND ONLY offer will be withdrawn. I retain the right to use your receipt of this notice by me or my legal representative in any further legal action I may pursue. This is not a renewed promise to pay but rather a restricted offer only. If these terms are not met, no new arrangements will be made and this offer will be void.
This is an attempt to correct your records, Any information obtained shall be used for that purpose. Please note that none of the foregoing is an acknowledgment of the legitimacy of the debt in question.
Best Regards,
Your name
You will have to edit this a bit to suit your needs since I had to take a lot out that pertained to my account. If you need a copy of a DV letter you can find the one I use in a few of my posts. Remember, what your trying to do here is bluff the CA into thinking it is in their best intrest to give you what you want. They do have some rigths just as you do. You should ready the FCRA so that you are as well versed in your rights as possible. That way you are more likley to catch them if they violate your rights.
Sorry, forgot to mention that I sent a DV and they properly validated the debt. SOL is about 2 years away.
debt
Ok...did they validate it with you AND the CB's? CMB...where the heck were you, a LONG time ago, when I needed your advice?!LOL I suppose coming to this forum is 'better late then never.'LOL
LOL sdchargers_63 ,
so they validated the debt to you. PLEASE tell me you didnt accpet the debt on a recorded phone call or in a letter......