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Newbie question about validation


cricket65
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Thanks for looking at this thread! My wife defaulted on a Providian account back in June of 2003. She was in-between jobs and they were the only ones that would not negotiate. She had 2 accounts with a combined balance of around $6,500. Debt was turned over to CA and we followed the advice of the book concerning validation. After we sent the validation letter we would never hear from them again. Until now! We received a reply from a company called Midland Credit Management, Inc. They said the debt was acquired by them in August of 07 and that is the only date they quote, not the original date of June 03. They stated in their letter that there is absolutely no room for negotiation and the demand a little over $10,000 now. They did not provide the right account numbers for the original accounts and if I am correct the statue of limitations is expired (We are in AL). Any advice would be much appreciated!!

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Welcome!

I think "acquired" is the operative word. I think that means they've bought the debt, which makes them a "junk debt buyer" (JDB). If that's they case, you don't owe these people squat...they paid pennies on the dollar for the right to hassle you. Check your credit reports...if it says "sold to another lender" for the OC, then its been sold.

DV them. Expect to get an "account stated" in response. Do a search on JDB and account stated and you'll see how to deal with this...

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  • 2 months later...

An update to my last post:

Sent a DV letter to Midland, to which they responded that they now own the account previously known as Providian. Midland has now renamed the debt and renumbered the date to correspond with their purchase of the debt, so it now is reflected as a 2007 account. This account was originally from 2003 and the state we live in (Alabama) has a three year statute of limitations for debt collection.

Then we received a letter demanding payment in full from a local law office.

Finally, eight days later, we received a letter from a mediation and alternative resolution office referencing a civil suit and offering to resolve this issue before it goes to court and garnishing procedures result.

I am going to pull a current credit report and see if any negative feedback has been applied toward my report. Can anyone help me understand if they indeed have the legal right to continue this or any other process that they deem worthy, or is it now in my best interest to seek the advice of my own attorney, or do I have a legal leg on which to stand?

If I do need the advice of an attorney, can anyone suggest a good debt attorney in the Montgomery, AL area?

Thank you in advance for all of your help, it is greatly appreciated!

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An update to my last post:

Sent a DV letter to Midland, to which they responded that they now own the account previously known as Providian. Midland has now renamed the debt and renumbered the date to correspond with their purchase of the debt, so it now is reflected as a 2007 account. This account was originally from 2003 and the state we live in (Alabama) has a three year statute of limitations for debt collection.

Then we received a letter demanding payment in full from a local law office.

Finally, eight days later, we received a letter from a mediation and alternative resolution office referencing a civil suit and offering to resolve this issue before it goes to court and garnishing procedures result.

I am going to pull a current credit report and see if any negative feedback has been applied toward my report. Can anyone help me understand if they indeed have the legal right to continue this or any other process that they deem worthy, or is it now in my best interest to seek the advice of my own attorney, or do I have a legal leg on which to stand?

If I do need the advice of an attorney, can anyone suggest a good debt attorney in the Montgomery, AL area?

Thank you in advance for all of your help, it is greatly appreciated!

DOFD does not change just because MCM bought the debt. It would still be 6/03 which gives you an affirmative defense of SOL if brought to suit. That's your legal leg to stand on....just make sure you're standing in front of the judge (show up in court if sued).

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And the offer from the mediation service means one of two things: either the "law" office is trying to trick you into mediation because they know the debt is SOL and that they would lose in regular court; or, a suit has already be filed and some other debt chaser lawyer has kindly (cough, cough) offered to mediate for you.

Watch your local court house's web site...or better yet, call the local clerk and see if a suit has been filed...

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  • 2 weeks later...
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