GregNTulsa

Proper Validation - Confused!

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Full Story here:

I got married a year ago and my wife's ex husband had her cosign on a credit card that he used/paid for. At some point he stopped paying for it (probably 1/2005). In 07/2008 Midland who was collecting for Household sent a letter asking to make payment. I helped my wife draft a very basic DV. For just over a year we heard nothing. Then in 7/2009 Midland called her and asked for money. She said I sent you a DV letter and never heard anything and they said okay and faxed her a copy of the original contract with her signature. My wife ignored it for a couple of months and 10/6/09 got a letter from Love, Beal & Nixon. This is where the below letters picks up.

Original Letter from Law Firm (I believe acting as a CA).

Love, Beal & Nixon, P.C.

Re: Creditor: Midland Funding LLC

Account Holder Name (s): My Wife

Account Balance: $5,000.00

File Number : XXXXXXX

Your obligation with Midland Funidng LLC has been placed with this law firm for collection.

We encourage you to telelphone use in order to discuss the above referenced account. Etc.....

DV Letter I sent to Love, Beal & Nixon, P.C.

I am writing in response to the letter received from you on 10/12/09. Pursuant to my rights under federal debt collection laws, I am requesting that you provide validation of this debt as outlined below. Note this is not a refusal to pay, but a request that your offices provide me with evidence that I have a legal obligation to pay you.

• A complete payment history

• A signed agreement to pay the debt

• A letter of sale or assignment from the original creditor to your company

I am very eager to receive clarification of this information and resolve this issue. Thank you very much for your time.

Response to DV letter from Love, Beal & Nixon, P.C.

Re: Creditor: Midland Funding LLC

Account Holder Name (s): My Wife XXXX

Account Balance: $5,000.00

File Number : XXXXXXX

Dear My Wife,

This information is provided in response to your request for debt validation. Midland Funding LLC placed this account with our firm for collection on 10/5/09. The original creditor on this account is Household Credit Services, located at P.O. Box 30102, City of Industry, CA 91716-0102. The original account number is XXXXXXXXX.

The social security number associated with this account ends in the last four digits of XXXX (it is my wife's ss#).

The rest of the letter just talks about calling them.

So my question is, what should I do at this point?

Most likely the debt is valid, but her ex husband should be paying on this. What are the odds Love, Beal & Nixon do not have the copy of the signature on the contract since they didn't send it in response to our DV?

Thank you for your time.

The new Husband

GregNTulsa

Edited by GregNTulsa
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At this point should I just retain my lawyer? I am about to be gone on business travel and do not want to leave my wife trying to figure this out on her own.

Is this an easy thing to get out of for most lawyers or do I need someone who specializes in this kind of thing?

Thank You,

GregNTulsa

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Was this cc discussed and perhaps resolved (as to who was responsible for payment) in the divorce decree?

Look at the SOL for your state -- when was the last payment on this made?

By her being a cosigner then this was a joint account? In both names with equal responsibilty?

As to Midland ... they did not send proper validation however what exactly is proper is not specifically clear ...

You do have a right to see a full accounting of this alleged debt complete with any payments/refunds etc .. And you want to see a copy of the agreement as well ...

Just a thought though -- do be careful what you ask for -- asking them for specific info can lead to shooting oneself in the foot .. IMO *I* would ask for full and complete validation also stating what they previously sent falls short.

Are they reporting on the CR yet?

To fight Midland you will want to look at Ca laws as well as your state's laws along with the FCRA and FDCPA ... The AGs in both Ca and your state will be a big help to you -- especially the Ca AG --

They are a bear to deal with and are extremely spiteful.

The SOL and the divorce decree are the first places *I* would research ...

Also what has happened to the ex? Are you aware of the reason he isnt paying on it?

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dear Himanshu

Qualification is a part of validation.

valiation is a broader term where qualification is for equipment about thier designing,installation,operation and performance.

in short, validation is for that process in which that equipment is used and qualifiocations are the equipment specifications.

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Hey GregNTulsa, IMHO, I would say SOL is your best bet. It sounds like some time has passed. If enough time has passed they can't legally collect the debt or should I say they should not be able to get a judgment against your wife. If they have the signed contract and can come up with an acct summary they would have a strong case (if the SOL has not passed). You may wish to touch base with a consumer lawyer to make sure the debt is passed the SOL and what other protections she may have.

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