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Midland continued collection activity before DV - Here's my letter...


Bentrabbit
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Wanting to get this sent out either today or tomorrow, but wanted to run it past folks here first to protect myself from the dreaded shoot-yerself-in-the-foot syndrome ;)

Basically, Midland has not sent me any DV at all (1-2 punch) but have brought in a collection agency. Here's what I wrote:

**********************************

From: Me

To: Midland Credit Mgt

Date: Sept. 22nd, 2009

Re: Acct ############

To Whom It May Concern:

On Aug. 18th 2009, your company received my letter requesting validation of a debt you claim I owe. In accordance with §809 FDCPA, you are required to either validate this debt or cease all collection efforts, including the deletion of all credit bureau reporting.

Included with this letter, you will find copies of the original request, along with a copy of the signed Certified Mail receipt.

As of today’s date, you have not responded to my request for validation, and yet on September 14th, a woman called my place of employment stating that she was attempting to collect on your behalf, and yesterday I received a letter dated Sept. 15th 2009 from Pondscum CA listing your company as the creditor, stating that this account has been placed with them for collections.

Since you have not responded to my proper request for validation, both of these actions are in direct violation of the Fair Debt Collection Practices Act.

I have also disputed this debt with the three major credit reporting agencies and am awaiting results of their investigations. If there is evidence that you reported the debt as valid without responding to my proper request for validation, this will also be considered a violation of the FDCPA as well as the Fair Credit Reporting Act.

Since you obviously cannot validate this debt as being mine, I am requesting that you stop all collection activity against me, including the erroneous reporting to all credit bureaus.

Regards,

Me

***************************

So... Too wordy? Not wordy enough? Am I jumping the gun in that maybe they did send a DV response and it's still in transit?

Thoughts?

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IMO too wordy. Was your original DV timely? If not they are not required to cease collection efforts nor are they required to respond.

I sent out the DV after finding Midland was reporting on my credit reports. If they ever sent me anything, I've never seen it.

I pulled the reports around the 1st of August and sent out the DV before the end of the month...

I'm assuming it's timely?

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Based on what I've read here, they seem to be a JDB?

TU and EX list an 'Aspire Visa' as the OC under the Midland TL, but I've never had an Aspire Visa.

EQ lists under Midland's Type of Loan: Factoring Company Account (debt buyer) but no mention of Aspire Visa.

None of my reports show any TL from Aspire Visa whether good, bad or in-between.

The CA letter I just received is from Firstsource Advantage and THEY list Midland as the OC :confused:

Oh what a tangled web we weave...

I'm getting ready to send Firstsource a DV now as well... Gotta stay timely in this lil dance...

xdancex

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