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Debt validation for debt not on credit report


morice13
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My situation is a little different than most people here, but I was hoping I could still get some help.

In late February my wife received a letter from a CA for an account we did not recognize. So we sent a DV, like the sample on on creditcenterinfo, to the CA and the credit bureaus. Doing some web research, we found out the account was for an Eddie Bauer credit card my wife had around 2000-2001. FCNB SPIEGEL, which was the OC, closed in March of 2003.

This debt does not show up on any of the credit reports. So there's no disputing to try to get it taken off. We are more concerned about being taken to court over it. We are in Missouri were the SOL on credit cards is 10 years with a signed contract and 5 years without a contract.

We received a letter back from the CA on 3/13 that contained a copy of the last billing statement from 02-08-2003 and a form letter stating in short that this was the document for validation and that we would be receiving an additional notice would include "further instruction for contact and/or payment and conclude out fulfilling your request. Failure to reply to this notice may result in our assuming that the debt is valid." We have not received any further correspondence/instructions from the CA.

Is one statement enough for DV? So should I write them another letter stating they did not validate the debt and that without a signed contract the SOL is expired? I believe that normally you have 30 days to reply which would be next week.

Thanks for any help you can provide.

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That is sufficient for debt validation - so if you want to get them to go away, send them a cease and desist letter.

About being sued - even if that does happen, most of the time the collection agencies won't win. Hang out awhile at the legal section to see how it's done.

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So I should send a cease and desist letter saying I will only deal with the OC? (the OC doesn't actually exist anymore, the debt was bought up by Midland Credit Management) And if Midland continues to try to collect, then what? I'm confused becasue it's my understanding that without a signed contract, the SOL has expired for this account. And from everything I've been able to read, there is very little chance Midland has the original contract. So if Midland comes back trying to collect, should I specifically ask for a signed contract for the debt?

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FCNB went out of business in 2004 or 2005 I think and Midland, apparently, bought a very large portfolio of their accounts. I got sued by them on an FCNB account and they couldn't prove anything, all the documentation they had was computer print outs.

I wouldn't worry until you need to...just keep an eye out for summons. They tried to serve me at a 3 year old address, but I received solicitations offering to help in my suit, that's how I knew I was being sued.

I would probably C&D them.

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So I should send a cease and desist letter saying I will only deal with the OC? (the OC doesn't actually exist anymore, the debt was bought up by Midland Credit Management) And if Midland continues to try to collect, then what? I'm confused becasue it's my understanding that without a signed contract, the SOL has expired for this account. And from everything I've been able to read, there is very little chance Midland has the original contract. So if Midland comes back trying to collect, should I specifically ask for a signed contract for the debt?

No, the only thing you can do per the FDCPA is to tell them to stop contacting you, period.

If you want to go after them for violations of the FDCPA (trying to collect zombie debt), you could take this tact.

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FCNB went out of business in 2004 or 2005 I think and Midland, apparently, bought a very large portfolio of their accounts. I got sued by them on an FCNB account and they couldn't prove anything, all the documentation they had was computer print outs.

I wouldn't worry until you need to...just keep an eye out for summons. They tried to serve me at a 3 year old address, but I received solicitations offering to help in my suit, that's how I knew I was being sued.

I would probably C&D them.

OK, that's what I thought. So I'll send a C&D to the CA and then just make sure to watch out for any summons.

If you want to go after them for violations of the FDCPA (trying to collect zombie debt), you could take this tact.

I'm not worried about that. I just wanted to have an idea of what to do if Midland comes back looking to collect. But it sounds like that if it were to go to court that they wouldn't have the necessary documentation to make a case.

Thanks so much for your help.

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...I just wanted to have an idea of what to do if Midland comes back looking to collect. But it sounds like that if it were to go to court that they wouldn't have the necessary documentation to make a case.

They may well NOT have any documentation but don't make the mistake of assuming that's the case...if you receive any inkling of a suit being filed take it seriously and respond appropriately.

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To clarify, though they had nothing, I did have to actually go to court and make my case and attack theirs. It took work. I was merely mentioning that these FCNB accounts, and Midland, often have little to go on and are really trying for defaults mostly.

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They may well NOT have any documentation but don't make the mistake of assuming that's the case...if you receive any inkling of a suit being filed take it seriously and respond appropriately.

Trust me, I will take it seriously. That's why I'm trying to gather some information/advice now so that if it does come to getting a summons, I have an idea of what to do.

Thanks everyone for your input. I'm feeling much better about the situation now, even though a lawsuit is always still a possability. ALVA, it's very reassuring to hear from someone who's actually had to deal with Midland in regards to FCNB.

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