What now, folks?

[danebread]

Hello to all! I have been following this bulletin board for some time, and now I find myself with a reason to post. I hope very much that somebody out there can help me figure out what I need to do next.

Back in late December I got a letter from a local attorney's office regarding a debt I supposedly owe to current creditor Midland Funding NCC-2 Corp., c/o Law Offices of Bob Attorney. The original creditor, according to the letter, is Associates. It's a pretty standard letter, I guess: 'This communication is from a debt collector... unless you dispute the validity of the debt within 30 days,' etc etc etc. ending with "This office is acting as a 'debt collector' for the current creditor."

I ran all my credit reports and am really having a hard time deciphering them, but it looks like there are TWO Midland accounts. It will take me a while to figure out these reports. In the meantime, concerned about that 30-day deadline, I responded with a request for debt validation to Bob Attorney...

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on December 18, 2006. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;

• Explain and show me how you calculated what you say I owe;

• Provide me with copies of any papers that show I agreed to pay what you say I owe;

• Provide a verification or copy of any judgment if applicable;

• Identify the original creditor;

• Prove the Statute of Limitations has not expired on this account

• Show me that you are licensed to collect in my state

• Provide me with your license numbers and Registered Agent

etc., etc., and yes, I did mention the Credit Bureaus and the FCRA and the FDCPA at the end, just as in the sample letters elsewhere on this website.

Yesterday I received this response:

As verification of the debt, the following information for the above account was given to us by our client:

NAME: Danebread Braindead

SSN: Danebread's SSN

ADDRESS: Danebread's address

AMOUNT: A zillion dollars

AS OF: 12/18/06

ORIGINAL CREDITOR: Associates

<etcetera, end snip>

This is NOT a valid validation, is it? I mean, they haven't responded with ANY of the things my letter asked for...

Do I now send a letter to Bob Attorney saying, 'Nice try, but you didn't respond with the correct information..." and then wait 15 days and demand they request removal of this debt from the CRA?

(As you may have guessed, I've been looking at that terrific flow chart of the validation process!)

Anybody have a sample letter just for such a situation, or should I simply send a slightly stronger version of the first letter?

Thanks to all of you for your advice!!!

Danebread The Humble

[SOC]

i would reply and explain how he can now send you 1g for continued collection activity as he asked for payment again without providing proof. or validating a debt. (since in that letter it probably says you pay me this ammount) I dont like pre forms online this way, but ill try it.

addy 1

addy 1

addy 1

addy 2

addy 2

addy 2

January 20, 2007

RE: INTENT TO SUE (Account #000000/yabgfhgf pllc)

Dear Sir/Madame:

This letter is formal notice of my intent to sue your company yabgfhgf pllc for One Thousand Dollars ($1000.00) or more in Statutory Damages and Actual Damages for clear intentional violations of my rights under the Fair Debt Collection Practices Act (hereinafter FDCPA), specifically;

FDCPA: § 807(2)(A), § 807(7), § 807(8), § 808(1), § 809 in its entirety

On April 11, 2007, you received a request for validation dated April 6, 2007 from me hereinafter referred to as “initial communication” since you never attempted to contact me prior to that date. (Use something like this if it fits)

On June 1, 2007, you sent a dunning letter demanding payment. I do not appreciate and will not tolerate anything other than full compliance with federal and state laws pertaining to your company and my rights. Then finally on August 7th, 2007 you send another dunning letter and a document as your proof that I some how owe you money. Even as proven by you own letter of proof,

1. I have not signed for any debt, I stated before and I am stating again this is not my debt.(Use something like this if it fits)

2. You are falsely telling me to pay a false debt of $xxx.xx when your own false paperwork of your proof says $xxx.xx. (Use something like this if it fits)

3. You are illegally re-aging a debt on my credit report when your false paperwork of proof shows a date of December 26, 2000, As reported and confirmed as a debt to the credit reporting agencies when disputed by myself in April, May, and June. (Use something like this if it fits)

4. Even after multiple letters to your company sent with my correct identifying information, you still report false identifying information about me to the credit reporting agencies.(Use something like this if it fits you shouls have sent certified DV with your correct info in the header.)

As stated previously, any and all continued collection efforts prior to legitimate validation of this alleged debt can and will be used against your company in civil action.

In accordance with the FDCPA, I am demanding that you forward to me, within fifteen (15) days of receipt of this letter, One Thousand ($1,000.00) dollars as Liquidated Statutory Damages as defined in § 813(a)(2)(A)for violations of my rights under law and I also demand immediate removal of the erroneous tradelines from all credit reporting agencies as it will be considered “continued collection activity” without validation. Failure to comply may bring legal action to enforce my rights and this claim at any time after the fifteen (15) days, without further notice to you.

Sincerely,

your name (Signed Original on File)

This letter is being sent via USPS Certified Return Receipt # 00000000000000000000

I hope this helps.