fstoy Posted March 9, 2012 Report Share Posted March 9, 2012 Newbe post here, i have read many posts and done some reaserch, but there is just too much to grasp at times. I started my attempt to repair my credit about a month ago started with a cable bill that i had actually paid. Got it removed from my report, or at least recieved a letter stating that it will be removed. Decided to attack a few larger fish, sent out DV letters, some pay for deletes ect. Basiclly my credit went to hell after my divorce about 5 years ago. I am almost a 100 perecnt sure all debits are past the SOL for collections, with the exceptions of any medical bills.I sent a DV letter to MCM on a alleged account for Houshold bank( honestly cant remember if i ever had a credit card or and account with them.) Recieved a letter from them that basicly says it is accurate, my DV letter asked them to provide proof. On my credit report i have no TL fro Houshold showing sold or charged off ect. If this is my account i believe it to be more that 7 years as it appears no where on my report, however MCM says i owe.What sould my next step be?1) demand proof?2) send them a letter stating its zombie debt?Does MCM have the right not provide me with proof?Thanks in advance for any help. Link to comment Share on other sites More sharing options...
willingtocope Posted March 9, 2012 Report Share Posted March 9, 2012 Basically, all the FDCPA requires in response to a DV letter is the name of the original creditor, and the amount owed.You might try disputing with the CRAs that "no date of first delinquency" (DOFD) with the OC is shown, which would determine how long it stays on your reports. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 9, 2012 Report Share Posted March 9, 2012 They probably provided more than they had to. You can only require DV in the 30 days after initial communication. Even if they did have to respond, they gave you what they had to. DV is not proof for court. In fact, it's really not proof at all. Link to comment Share on other sites More sharing options...
BV80 Posted March 9, 2012 Report Share Posted March 9, 2012 (edited) I agree with the previous posts. Does Midland's entry give a date of first delinquency? Not the "date opened". That's the date Midland got the account. The date of 1st delinquency is the date your account went into default and was never made current again. Edited March 9, 2012 by BV80 Link to comment Share on other sites More sharing options...
willingtocope Posted March 9, 2012 Report Share Posted March 9, 2012 You can only require DV in the 30 days after initial communication.Doesn't the Texas version of the FDCPA allow DV at any time? Link to comment Share on other sites More sharing options...
BV80 Posted March 9, 2012 Report Share Posted March 9, 2012 Doesn't the Texas version of the FDCPA allow DV at any time?Yes it does. If you dispute inaccuracies, they have to respond in no later than 30 days. Link to comment Share on other sites More sharing options...
racecar Posted March 12, 2012 Report Share Posted March 12, 2012 (edited) http://www.txconsumerlawyers.org/papers/defending_credit_card_cases_2009_04.pdfhttp://www.djextra.com/texasforus/law/debtors.pdfhttp://www.law.gonzaga.edu/academic-program/Files/cle/Folder/Jarzombek_Defending_Debt_Collection_Suits.pdfhttp://www.jtexconsumerlaw.com/V12N2/V12N2Everything.pdfhttp://www.munsch.com/files/1171233_1.pdfUnifund CCR Partners ---> Credit Card Debt Suits in Texas Courts of Appealshttp://judiciary.house.gov/hearings/printers/111th/111-39_49475.PDFhttp://www.supreme.courts.state.tx.us/rules/trcp/rcp_all.pdfhttp://www.martindale.com/members/Article_Atachment.aspx?od=1306405&id=828198&filename=asr-828238.pdf Edited March 12, 2012 by racecar Link to comment Share on other sites More sharing options...
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