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Collection Agency Has Ignored 2 DV Requests, what do i do?


spgillis
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I have two charge offs on my CR, one from LVNV Funding and the other from Midland Credit Management (MCM.) Both accounts are more than 3 years old. I have sent both CAs CMRRR DV requests. LVNV sent me a 1 paragraph letter that they wrote saying you owe us money. This obviously isn’t sufficient evidence so I sent another CMRRR DV request and they sent me back the same thing. MCM has chosen to ignore both of my DV requests and still attempts to collect the debt every month.

I first disputed both of these listings on my CR, both came back verified. I then sent a letter to the CRAs saying LVNV and MCM have not validated the debt and continue to report it.

Can I sue the CAs and how do I do it? What are the exact violations they are committing? What do I do next?

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If Midland continues collections w/o validation, then that is a 1692g violation...are their efforts written or via phone.

LVNV will be a bit more difficult. They will claim that what they have sent validates the debt... however, that is still up for debate.

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The only way they would be required to stop collection efforts until they validate would be if you sent your DV during the 30 days after their 1st communication with you. If you sent the DV request at any other time, they do not have to validate, nor do they have to stop trying to collect.

Is the debt still within the SOL for collecting?

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LVNV never attempted to contact me. I just saw it on my credit report and asked for validation. Which is when they sent me a paragrapgh that just says you owe us money.

Since you didn't request validation right after their 1st communication, they don't have to validate.

Did you dispute with credit agencies before contacting the JDBs? Are the original creditors still reporting?

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What would be considered first communication? I was never notified LVNV or MCM were reporting negative information. LVNV has never attempted to contact me by any means, I contaced them with a DV letter via CMRRR once I noticed the account on my report.

I disputed with the CRAs before I send my DV letters. The original creditor for MCM which was Target was deleted from all my credit reports. So can MCM even try to collect on an account that has been deleted from my CRs. Thanks for all your help so far.

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I'd send a letter to Midland to jog their memory regarding your DV demand...send a copies of everything.

If they continue collection efforts, then I'd consider suing them on the 1692g violation.

I just finished a letter to MCM reminding them they ignored both of my certified letters, they are attempting to collect a debt that has not been validated, and that the original creditor,Target, has been deleted from all my CRs.

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I just finished a letter to MCM reminding them they ignored both of my certified letters, they are attempting to collect a debt that has not been validated, and that the original creditor,Target, has been deleted from all my CRs.

They CAN attempt to collect a debt that has not been validated. It's a waste putting that in your letter, because they are not violating by attempting to collect.

Why was Target deleted off your CRs?

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They CAN attempt to collect a debt that has not been validated. It's a waste putting that in your letter, because they are not violating by attempting to collect.

Why was Target deleted off your CRs?

I don't recall ever opening an account with Target and was surprised to see it on my CRs. I disputed Target with the CRAs and they deleted it. So now MCM is attempting to collect on an account that doesn't appear to have ever existed.

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I would dispute with the CRA's and after they're verified, ask for MOV from those CRA's and also 623 the OC after that and see what they come back with. I'm in a similar situation with Portfolio Recovery Associates. The first contact I ever had with them was a phone call. I called them back, got the account info and told them that it wasn't mine. She told me to send them a letter stating that, so I did and in that letter I requested validation. Two months and two letters later, I've heard nothing from them. As mentioned, they don't have to validate anything outside the 30 day mark and technically they can say they mailed you a letter a year ago if they wanted to. There's no standard of proof they have to meet.

If the account isn't yours, do what I did and tell them, in writing, not to call you. If they want to have a conversation, they can do it in writing. You'll probably find they won't be willing to do that, and so be it.

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I don't recall ever opening an account with Target and was surprised to see it on my CRs. I disputed Target with the CRAs and they deleted it. So now MCM is attempting to collect on an account that doesn't appear to have ever existed.

Send a written dispute to the CRAs stating you never had the account. Also point out that Target deleted their entry due to the fact the account didn't exist. If it comes back verified, do as KWIKSLVR suggested and request an MOV (method of verification).

If Midland provides no proof of an account, you could have an FDCPA claim against them. I don't believe you'd have an FCRA claim, because you first disputed the entry with Midland. In order to be able to sue a creditor under the FCRA, you must have disputed with the CRAs first.

That being said, if the CRAs don't properly investigate the claim or provide an MOV, you could talk to an attorney about an FCRA claim against the CRAs.

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I sent a letter of dispute to the CRAs first. Which came back verified for Midland and deleted for Target. I then asked for validation from Midland, twice, which never got a response. I asked for the MOV from the CRAs, specifically asking for information such as who they spoke with at Midland. All I got back was the adddres and telephone number. I sent another letter to the CRAs saying Midland has no right to be reporting this information and that the original creditor, Target, has laready been removed from my credit reports. The CRAs just told me they have already investigated my dispute and won't investigate it again.

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I sent a letter of dispute to the CRAs first. Which came back verified for Midland and deleted for Target. I then asked for validation from Midland, twice, which never got a response. I asked for the MOV from the CRAs, specifically asking for information such as who they spoke with at Midland. All I got back was the adddres and telephone number. I sent another letter to the CRAs saying Midland has no right to be reporting this information and that the original creditor, Target, has laready been removed from my credit reports. The CRAs just told me they have already investigated my dispute and won't investigate it again.

If the entry is not going to fall off any time soon, I'd talk to a consumer attorney. In my state, if I contact the SC Bar Assoc. Referral Service, they will give me the name of an attorney. That attorney will then give me a free consultation. See if your state bar association has a lawyer referral service.

Target deleted for some reason. Therefore, you may have a case.

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