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Is this letter too Strong ?


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I intend to send this letter out on Friday but would like a few thoughts before I do. One thing to mention is that I am from Texas .


2 Baldwin Place

P.O. Box 2000

Chester, PA 19022

To Whom It May Concern:

This is a request for deletion of a disputed item. I have attempted to have this allleged debt verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that TransUnion do what is legally mandated by the FCRA, FDCPA and TDCA, and delete the account listing.

The debt in question is as follows:

Midland Credit Management acccount XXXXXXXXX

On January 8th 2007, Midland Credit Management received a demand for validation from me. Attached is a copy of that letter.

On February 21st 2007, I sent a second letter, this time certified mail, return receipt requested. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request. Again, as of today, March 25, 2007, they have failed to provide any proof or respond in any way.

The FDCPA states they must cease collection activity until they have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which they obviously have done illegally on 03/06/2007. It is quite evident that no such proof of this alleged debt exists or they would have provided it in the previous 3 months since it was requested.

As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus. The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

Also the Texas Debit Collection Act Sec.392.202 is quite specific on how Collection Agencies that don’t respond to a request for validation are to be handled by Credit Reporting Agencies.

Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted in its' entirety as there is no proof of its' existence as evidenced by my attached documented proof.


My Name

My Address

City, State Zip

Cc: Law Offices of Dean Malone, P.C., 900 Jackson Street, Suite 730, Dallas, Texas 75202

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1) Were your DV's timely? If not, MCM is not required to respond to your request.

2) FTC opinions are not binding upon anyone.

3) What proof are you providing that the debt is not yours? MCM's lack of response is not proof that the account is not yours.

In short, you have not give the CRA any legal reason to delete the TL. Focus your energy on MCM, not the CRA.

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The DV was not timely but Midland has not validated, yet they are still verifying the debt and not marking the debt with the CRA as being disputed.

My intent is to set up for suit. Fortuntely, the TDCA states in Sec 392.202(B) that if I dispute it, they have 30 days period, and mentions nothing of timely or untimely.....

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I spoke to a woman earlier today at the OCCC's office, she told me that in Texas you dont have to worry about the 30 day thing that it can be disputed and all at anytime and they would have to cease all collection activities

I cant say if this is true or not but thats just what she said so:confused:

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