Not sure if I should DV

[cc1015]

Hi Everyone,

I was going to send MCM the DV letter today, but not sure If I should now after reading all the threads about how sending a DV awakens a sleeping giant.

I think I have about 2 1/2 more yrs on the SOL for this debt that MCM acquired. It is a considerable amount of money($14,000) they will settle for $8,700. I do not have tht kind of money to give them in a lump sum.

Not sure what to do. I can make payments to them to settle but not sure if they would be amenable to that.

I am afraid that sending the DV letter will make them come after me more

than if I did nothing and just ignored them.

I don't want to get sued and would work with them, but not sure if they would be reasonable about this.

Any advice before I may put myself into a terrible situation.

I really appreciate the help, input and kindness that these questions generate.

Thanks!

C

[willingtocope]

How do you know they've "acquired" this? Phone calls? Mail? Do you think they've bought the debt, or are they just collecting for someone?

If you ignore it, they won't.

[Donna47129]

I guess they dunned you?

If so, yes, immediately DV them...you may not hear from them again and they will have to remove the tradeline if they are reporting.

I'm in the middle of a case with them too. I DV'd them, they violated left and right but eventually took the line off of my DH's credit report. Filed a BBB and FTC complaint against them due to their violations and waiting to hear back.

I first DV'd their "attorney" who initially dunned us (I was an authorized user and told them to FOAD-they never reported on my CR and I never got anything back for me), of course we never heard again from him, nor MCM. That implies that they have no validation. You will more than likely find the same thing.

Good luck!

[Donna47129]

Hi Everyone,

I am afraid that sending the DV letter will make them come after me more

than if I did nothing and just ignored them.

C

In my case, DVing them made them go away...they were sending letters left and right even calling my MIL.

[cc1015]

Hi Everyone,

Thanks for the prompt answers.

Answer to willing to cope-I think they bought this debt. I believe this was written off probably late 1999. it's made the rounds . I began paying it back to another CA for about 1 yr but then lost my job and stopped in early'04.

Got phone call from some idiot at MCM (who verbally repeated by wholeSS# on the phone to me.) I told him i did not know what he was talking about and that he should put things in writing not over the phone .

about one week later I got their letter offering me settlement for 40%less than what they say I owe.

hence the reason I am asking all these questions about what to do about them.

I'm not home during the day, but they really have not made may phone calls that I know of-maybe 2 or 3 with the usual automated message"we have important call for you"

For the answer from Donna-thanks so much for your post. How long has your situation been going on with MCM?

Any info you cn give to me on them would be helpful.

Well guy's what's the consensus-should I DV them. I think I probably should.

Thanks Again!!

C

[Donna47129]

For the answer from Donna-thanks so much for your post. How long has your situation been going on with MCM?

Any info you cn give to me on them would be helpful.

C

I've been dealing with them a month. If the original debt is from 1999 you are in luck with MCM. DV them, they'll go away. No way will they be able to validate. Search out a good DV letter, make sure you include all communication has to be done in writing.

The BBB dropped the ball, said they transferred the case but didn't, I contacted them two days ago they said sorry they'll get back to me within 72 hours. I'm assuming with all of the violations I have on them that they'll close our file. If not, we'll be seeing them in court for multiple violations.

They want you to settle, because they won't be able to prove they own the debt. In their response to my DV they said once they verify the debt they'll be back in contact. I unloaded on them telling them they have no right reporting an unverified debt or trying to collect same.

Yes, DV them, absolutely...if you don't you will lose important rights and ammunition for their violations...which they will do, trust me.

[cc1015]

Hi Donna,

Thanks so much for your help and kindness. I used a DV letter that seems like it's the standard one that this credit info center seems to use. If you know of a good one can you direct me? I definitely need to get this letter to them within the next day. I have been procrastinating.

yes, my debt is very old. As I mentioned, it was kicked around by several CA and I did wind up paying one for about one year(which may have screwed me bcus I believe I started the clock again on this). Anyhow, I don't think they can validate it.

I appreciate your help with this and look forward to hearing from you with regards to your experience with these bottom feeders!!

thank you!!

C

[Donna47129]

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=276292&highlight=restarts+sol&page=2

[Donna47129]

Midland Credit Management

Department 8870

Los Angeles CA 90084-8870

October 12, 2007

Re: Acct # xxxxxxx

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 27, 2007. 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 complete account history;

• 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 and their address;

• 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

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

• Defamation of Character

You are hereby notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Consumer Credit Protection Act, Fair Credit Billing Act, and the Fair Credit Reporting Act.

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit.

All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Yours truly,

Sick of you leaches

Copies via US Mail

Email

Fax

Personalize it to suit you. I don't have my actual letters on this computer but this is the format I went from. It worked like a charm.

[Donna47129]

Ms. Lusk,

I am in receipt of your letter dated 9/27/07. At this point, I am suggesting you close your files and send me confirmation that you will not resell nor ever report these accounts again.

Your company has repeatedly violated my rights under both the FCRA and FDCPA as set forth below, but not limited to:

*Reaging of Account

*Reporting Disputed Information w/o noting disputing

*Reporting Unverified information after validation request

*Continuing collection activity after validation request

*Violating Indiana State Laws in collection process (Specifically-you have no license or bond and you have violated IC 25-11)

Furthermore, you have no recourse in which to sue for recovery of any monies, as specifically set forth in IC 25-11-1-5. (cite any laws you know)

I hereby demand that you close my files and send written verification that these accounts will not be sold or reported again. I also demand that you do the same for my wife, Desperate Housewife , of same address.

I assure you that I have hard copy proof of the violations above.

If you do not do as requested above I will sue you for the multiple violations you have inacted upon me. I will also immediately file with the Indiana Attorney General and The Better Business Bureau.

Your immediate response is of the essence.

Poof...baby went bye bye off credit reports!

Make sure that you state that your account is past SOL...even if it's not for any technical reason, just throw it in there.

Good luck!

[cc1015]

Hi Donna,

Thanks again for your help and the copies of the letter that you used.

I used the same DV letter as you. I did not tweek it(except to bold it in places where I wanted to have the message stand out).

I sent it certified ,return receipt requested to their address in san diego. the address that they gave me in their letter was for a department which the post office told me they would not be able to deliver with the return receipt

requested to a dept #.

Anyhow, I am curious to see what comes next. How long did it take them to get back to you after you sent the DV?

Thanks again for your help

BR,

C