pinkeysas Posted April 17, 2007 Report Share Posted April 17, 2007 Heres my situation:On April 7th I disputed some unpaid CA accounts with the three CRA"sBy April 9th Midland Credit Mngmt. came back verified with Experian.All other accounts with Experian and the other 2 CRA's are still in dispute process.Now yesterday April 18th I received a letter from Midland Credit Mgmnt dated 4/9/07 stating the following:The purpose of this letter is to request your assistance so that we may reach a quick resolution to your dispute.We are attempting to verify your dispute and it would be helpful to have a copy of any documentation you may have that substantiates 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 checks, paid letters, police reports toxxx-xxx-xxxxI should also mention that I have NEVER DV'd midland I only disputed with the CRA'sWhat if anything should I do with this? According to my Experian CR they already verified the account with them.Thanks for any advise you might have. Link to comment Share on other sites More sharing options...
dpgirl Posted April 17, 2007 Report Share Posted April 17, 2007 Let others give their opinion but I would be very tempted to send a letter back to them asking how they could have verified the accuracy of this account with Experian if they are requesting this info from you? Maybe go on to state that apparently they have verified information that they do not know is accurate with the CRA and therefore the account should be removed from the CRA's reporting.Anyway they have the burdon of proof to verify that the info they report is accurate. Don't give them any of the info they are asking for.How old is this account, is is past SOL? Link to comment Share on other sites More sharing options...
pinkeysas Posted April 17, 2007 Author Report Share Posted April 17, 2007 It is listed on my CR's like this:EQ: date opened: n/a, date reported: 12/2006, EX: Reported since: 7/2002, date of status: 8/2002 Due to be deleted:1/2009TU: Placed for collection: 12/2005 Due to be deleted: 6/2009I think the SOL in WI is 6 or 7 years. So it seems to be within SOL Link to comment Share on other sites More sharing options...
divemedic Posted April 17, 2007 Report Share Posted April 17, 2007 They are trying to cover themselves from an FCRA point. They are laying the ground work to declare your dispute "frivolous" from an FCRA standpoint. Link to comment Share on other sites More sharing options...
hopen4800 Posted April 17, 2007 Report Share Posted April 17, 2007 I think their letter is telling you they don't have any documents. Don't give them any. Wait for the investigation time to run out and see what happens. If they verify what did they verify with? If the CRA doesn't remove, then cmrrr your proof (the letter from OC) that they can't verify. You could probably start the process now if you wanted to. Let some of the "heavies" weigh in. Hope your mortgage meeting goes well. Peace Link to comment Share on other sites More sharing options...
hopen4800 Posted April 17, 2007 Report Share Posted April 17, 2007 Uh...."heavies" have checked in. Link to comment Share on other sites More sharing options...
pinkeysas Posted April 17, 2007 Author Report Share Posted April 17, 2007 They are trying to cover themselves from an FCRA point. They are laying the ground work to declare your dispute "frivolous" from an FCRA standpoint.So what does that mean for me?Should I be doing something?If the CRA doesn't remove, then cmrrr your proof (the letter from OC) that they can't verify.I dont have a letter from the OC.Hope your mortgage meeting goes well. PeaceThanks me too!! Link to comment Share on other sites More sharing options...
hopen4800 Posted April 17, 2007 Report Share Posted April 17, 2007 I mis-spoke. Should have written " letter from CA". Link to comment Share on other sites More sharing options...
pinkeysas Posted April 19, 2007 Author Report Share Posted April 19, 2007 I DISPUTED Midland Collection Mngmt. and they verified the debt with Experian and then sent me the letter posted above. Should I send a copy of that letter to Experian along with a letter stating that they need to remove the TL because it was verified with them when they obviously don't have information to verify as this letter proves. ?? Link to comment Share on other sites More sharing options...
stancil1 Posted April 19, 2007 Report Share Posted April 19, 2007 The only info I would send them is a DV. This contact by Midland has started the clock, you have 30 days. DV them now via CMRRR so that it is timely. By their own admission, they have no evidence. As soon as you get your greenie back, send a written dispute to the CRAs.D Link to comment Share on other sites More sharing options...
pinkeysas Posted April 19, 2007 Author Report Share Posted April 19, 2007 Thank you, I will do that. Should I reference their letter or the fact that they have already verified the account with Experian in my letter to them at all? Or should I just send a simple "validate this debt" letter? Link to comment Share on other sites More sharing options...
pinkeysas Posted April 19, 2007 Author Report Share Posted April 19, 2007 In addition to my question above...........................Is this sufficient for a DV letter? I have never sent one out before. Should I state the law more or be more specific of what it is that I want from them as validation or should I keep it simple like this??????????????Midland Credit ManagementP.O. Box 939019San Diego, CA 92193-90194/19/07Re MCM Account #: xxxxxxxxxxxYour agency is reporting that I owe you a debt. I was not aware of this debt until now,and under my rights under the FDCPA, I request that you validate this debt.Thank you for your time, Link to comment Share on other sites More sharing options...
MadinKS Posted April 19, 2007 Report Share Posted April 19, 2007 Should I reference their letter or the fact that they have already verified the account with Experian in my letter to them at all? Or should I just send a simple "validate this debt" letter?I would add that, obviously, they have the information they need because they verified your dispute. And if they verified the dispute without proper information, they are in violation of the law. Tell them you want to see the information they used to verify your dispute and validates the debt between you. It can't be a bill on their letterhead either, it has to show chain of custody from OC. Add that if they can't verify w/you, it's a violation to report. It doesn't have to have a bunch of legal jargon, just straight forward and to the point.Oh yeah, add a statement that establishes the only communication w/you is to be written, no friends or relatives, or place of employment contact. They have to honor that or it's another violation. Good luck. Link to comment Share on other sites More sharing options...
CantCU Posted April 19, 2007 Report Share Posted April 19, 2007 Midland is a snake in the grass and a pain in my posterior as I have been dealing with them since 2005! The letter you referred to is a form letter...I've got one as well. I sent a copy of it back to them and said, "that's your job" basically...PROVE IT. They keep reporting, though...and I keep fighting.The form letter has # 1722 in bottom left, and OCPP in bottom right corners. Am I correct? Link to comment Share on other sites More sharing options...
pinkeysas Posted April 19, 2007 Author Report Share Posted April 19, 2007 Alright so I am not great writing letters. So how is this????Re MCM Account #: xxxxxxxxxxxYour agency is reporting that I owe you a debt. I was not aware of this debt until now. I have disputed this debt with the 3 major Credit Reporting Agencies to which you havethus far verified with Experian. After you verified this debt with Experian you sent me aletter which I have attached a copy of. Any information you are asking me for in saidletter, is information you should already have since you were able to verifiy this accountwith Experian. Under my rights under the FDCPA, I request that you validate this debt. Also, please beaware that all correspondence regarding this account should be done only by mail.Thank you for your time,The form letter has # 1722 in bottom left, and OCPP in bottom right corners. Am I correctNo, mine has different # and letter codes in respective corners. Not the ones yours has. Link to comment Share on other sites More sharing options...
CantCU Posted April 19, 2007 Report Share Posted April 19, 2007 No, mine has different # and letter codes in respective corners. Not the ones yours has.Too bad...I was wanting to send 'em a letter telling them that they attempts to collect were frivilous as they are using form letters to attempt to validate a debt they can't prove I owe. Link to comment Share on other sites More sharing options...
MadinKS Posted April 19, 2007 Report Share Posted April 19, 2007 Made some minor changes to help you out. Hope you don't mind. I'm home recovering from back surgery, so it's not like I don't have time. Re MCM Account #: xxxxxxxxxxxYour agency is reporting that I owe you a debt. I was not aware of this debt until now. So, as per my rights under the FDCPA, I request that you validate this debt.I have disputed this debt with the 3 major Credit Reporting Agencies to which you havethus far verified with Experian. After you verified this debt with Experian you sent me aletter which I have attached a copy of. The FCRA states, that you must report accurate information and if you verified the account in question, obviously, you have the information that you are requesting in your letter to me. Otherwise, it's a violation of the FCRA, § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]. I am now requesting you to send me any document from the OC, on their letterhead, that establishes and validates the allege debt between us. If you cannot provide this documentation, you must remove, delete, and not resell this alleged account information. Also, please be aware that all correspondence regarding this account will be done only by mail and you are not to contact my friends and relatives, or my place of employment.Thank you for your time, Link to comment Share on other sites More sharing options...
pinkeysas Posted April 19, 2007 Author Report Share Posted April 19, 2007 Madkin you are a godsendxangelx , thanks so very much for the touch up!!I will send out the letter asap.I hope you have a speedy recovery Link to comment Share on other sites More sharing options...
MadinKS Posted April 19, 2007 Report Share Posted April 19, 2007 Thanks. Good luck with it. Link to comment Share on other sites More sharing options...
CantCU Posted April 19, 2007 Report Share Posted April 19, 2007 I'm home recovering from back surgery, so it's not like I don't have time. MadinKS, hope you have a speedy recovery! Link to comment Share on other sites More sharing options...
MadinKS Posted April 19, 2007 Report Share Posted April 19, 2007 It's an up and down thing but doing pretty well. Thanks for the well-wishes. Link to comment Share on other sites More sharing options...
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