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Midland Claims It's Too Late To Validate...


pmccravitz
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Greetings:

I've been ignoring Midland's collections letters for some time now and I'm now ready to approach the issue. I called them up and told them that I'd be sending in a validation letter and the person on the line said it was "too late" to validate the account stating that there was a provision in the FDCPA that said I only have 30 days from the initial communication to request validation.

Is this true? What are my options?

Edited by pmccravitz
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They are 100% correct. Does not mean they win, in fact, far from it, but they don't have to do jack squat about debt validation.

Keep in mind DV is nothing really. It's basically prima facie evidence they must give you, which is really nothing more than throwing a bill at you and saying yep you owe it.

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It is true that they can ignore a request from you for debt validation at this late date.

You say you are "ready to approach the issue", but I don't know what that means. You have several options, and the best one depends on your objectives.

If your main concern is your credit report, you can still send a letter to Midland telling them you dispute the debt. They must report the dispute to the CRA's. I'm not an expert on cleaning up credit reports, so others will have to advise you as to the next steps.

If you want to make Midland stop bothering you, you can write a Cease Communication letter, as provided by the FDCPA.

If you are wiling to enter negotiations with Midland, and attempt to reach a settlement, but need information from them of some kind, such as how the amount they are demanding was reached, you can write a letter to them to this effect (it may end up similar to a DV letter that "asks for more than the FDCPA requires", but so what?)

Good luck.

DH

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  • 2 weeks later...

What that phone drone at MCM told you is a lie. As such, it's a violation of the FDCPA (unfair collection tactics).

What I would do is take all of the correspondence that you have received and shredded and trashed.

The next time they call, tell them that you never received their correspondence. They will probably tell you again that the "30 days from initial communications" has passed, but I would rebut that the 30 days starts from the day that you receive their dunning letter, and not from the date of the phone conversation.

Just tell them that you never ever received their dunning letter, and then demand for one.

Send them a DV and give 'em hell!

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Send a dispute letter. Watch your CRs and see if they update it as required by law to say disputed. If they don't, violation. If they do, see what they respond with.

Or you could bypass the stage of trying to get them to trip up, and dispute with them and the CBs.

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