MCM violated C&D - what do I do now?

[webiweave]

I received a dunning letter from Midland Credit Management toward the end of July. I responded by sending a validation request and cease and desist to both addresses listed on the letter. One letter was signed for on August 9 and the other letter was signed for on August 10. I did not receive a reply for the validation.

For the past week I have received a daily call from an unknown number. Today I was able to answer the call and the guy on the other end started out with something about mailing a letter about a lawsuit that had been filed and this was my last chance to keep from going to court. It was later that he told me his name, that he was calling from MCM, and the account he was collecting on. I informed him at that point that I had already sent the c&d and validation request to the company. He said that he didn't show it in his system and continued to tell me the "deals" he could offer to keep the account from going to court. From what this guy said a lawsuit had not been filed yet but they were sending the letter to say that it was going to be filed. My credit report shows that MCM bought the debt from the oc. MCM is reporting the debt and the oc is still reporting the debt.

What can I do at this point? How do I go after this company for violating the c&d and failing to validate the debt?

[WhoCares1000]

The next time they call, tell the person that since they cannot prove this debt is your debt, you are prepared to go to court and that there is no deal they can offer you. In the meantime, get ready for defenses and counter-claims.

If they do not go to court (and many do not), then you can consider filing a claim yourself. Since the FDCPA is a one claim law, you really do not need to prove that they threatened something they would not do since you already have the violation through the call after the C&D.

Also, please note that you can either DV or C&D but not both. It does not make any sense to request verification and in the same breath request no contact. Since they did not send verification however, they can take their pick on which way the violated you.