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DV'd Enhanced recovery corporation.. have question..


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I Dv'd this CA back in November of 07 and it seems they have sold it to another CA. Have not heard from them since.

The New CA is called Midland Credit Management, out of Los Angeles-zip 90084. I have been sent a settlment offer from them.

I know i am still within the sol and was wondering what my next step should be. Should I DV this CA as well see what happenes?

Has anyone heard of this CA and how they operate?

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did their settlement offer have the "unless you dispute within 30 days..." language on it? If not (it seems to me this was the first communication form midland), that's one FDCPA violation.

I don't understand quite what your asking? It seems Enhanced Corp sold the account to Midland because they couldn't validate or for whatever reason.

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right.

But when you got the letter from Midland (it was the first one from them, no?), what did it say?[/quote

Yes it is the first one from them and it says;

Welcome! we have a great offer for our new customers.

Midland Funding recently purchased your FCNB-SPIEGAL account and we are the server of this obligation. We are currently able to offer you a 40% off your balance settlement offer, to resolve your account. If you decide to take this offer we will notify all Credit Bureaus and "paid in full" To accept this offer you must accept by 02-18-08.

On the back of that letter it does state that unless I notify MCM within 30 days of notice that i dispute validity they will assume the debt is valid. It also says if i notify them in writing within those 30 days they will obtain vertification of the debt or a copy of a judgement (if there is a judgement) and they will mail me a copy of vertification or judgement.

I also had another question if I may ask...

What if I DV Midland and then they try to sue me without responding to my validation request? Also on my credit report it says this account first went into 30 days late on October 2005. Does the default start from this date? Is that near my SOL? I live in CA.

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Letters from collection agencies (CAs) and junk debt buyers (JDBs) are required by law (the FDCPA at the top) to include a "mini-miranda" notice about the "you have 30 days to dispute the validity of the debt."

If you do DV midland, and they sue without validating, that falls under the "continued collection" prohibition of the FDCPA which means they have violated the law. You can counter-sue.

As for the SOL in your state, it probably starts with the day it went delinquent...October 2005. I'm not sure, but I think the SOL for CCs in CA is 3 years....

Note that it sounds like the first company you mentioned may indeed have been a CA working for the OC. It sounds like the OC gave up trying to collect and sold the debt to Midland who is now a JDB. You need to keep the players straight because you do deal with them a little differntly. It depends a lot on the OC and the JDB and whether or not its been sold several times...but...JDB's generally have very little proof that this debt is actually yours.

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CA SOL is 4 years..so it is up in 2009. Not even close, at this point.

You don't have to send a copy of the first DV, but it would never hurt.

Your DV to ERC is irrelevant at this point since it looks like they just sold it down the line to MCM. Hang onto everything though as I have experienced a similar situation and after about 4 years, the debt landed back at the original CA that I had DV'd. Unfortunately I didn't save my paperwork so had no documentation to fight their continued collection efforts.

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Letters from collection agencies (CAs) and junk debt buyers (JDBs) are required by law (the FDCPA at the top) to include a "mini-miranda" notice about the "you have 30 days to dispute the validity of the debt."

If you do DV midland, and they sue without validating, that falls under the "continued collection" prohibition of the FDCPA which means they have violated the law. You can counter-sue.

As for the SOL in your state, it probably starts with the day it went delinquent...October 2005. I'm not sure, but I think the SOL for CCs in CA is 3 years....

Note that it sounds like the first company you mentioned may indeed have been a CA working for the OC. It sounds like the OC gave up trying to collect and sold the debt to Midland who is now a JDB. You need to keep the players straight because you do deal with them a little differntly. It depends a lot on the OC and the JDB and whether or not its been sold several times...but...JDB's generally have very little proof that this debt is actually yours.

Well this is for an old speigal card owned by First National Bank whom I understand went bankrupt so maybe they are having trouble getting the proper paperwork since they went bankrput a few years ago.

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No matter what, DV midland anyway. It preserves your legal rights and freezes them. Sadly the debt can be sold and resold and resold and you may have to DV every new owner.

But if the OC went belly up, each DV will be like gold for you. Yes, do let the junk debt buyers know that they got ripped off when they bought the paper. And you may hit the jackpot if the same JDB rebuys the same paper they sold off. Junk Debt Buyers just tend to buy and dun without any checking.

In my case, asset bought a big paper package, and three days later they had already postmarked the letter welcoming me as a new client. It ended up costing asset a lot of time, effort, and money to get rid of me as a client. And I made damn sure they ate the paper and could not resell it.

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No matter what, DV midland anyway. It preserves your legal rights and freezes them. Sadly the debt can be sold and resold and resold and you may have to DV every new owner.

But if the OC went belly up, each DV will be like gold for you. Yes, do let the junk debt buyers know that they got ripped off when they bought the paper. And you may hit the jackpot if the same JDB rebuys the same paper they sold off. Junk Debt Buyers just tend to buy and dun without any checking.

In my case, asset bought a big paper package, and three days later they had already postmarked the letter welcoming me as a new client. It ended up costing asset a lot of time, effort, and money to get rid of me as a client. And I made damn sure they ate the paper and could not resell it.

If your debt keeps getting resold to different JDBs, does each JDB show up on your CRs?

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