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So I wanted to know if you reply to a CA for a dv. does that restart your sol? I know I have either passed or am darn close to passing the sol. I get a letter from them out of the blue today it says

Welcome we have a great deal offer for our new customers,

Midland Funding LLC recently purchased your Cit Bank account previously serviced by or on behlaf of Dell and Midland credit management. a debt collection company is the servicer of this obligation. As the new servicer of this account we would like to find a positive resolution to your account. MCM is currently able to offer you a discount of 40% of your current balance if we recieve a payment by 4 _not putting exact date-12. I know darn well by 4 12 it is sol 100% sure on that one.

on the back of this it says they own the account. They purchased it. I have 30 days to dispute says that they will obtain verification of the debt or a copy of the judgement if there is one they will mail you a copy and also within 30 days the name and address of the oc. if you request it ( not word for word but thats what the kist of it is)

So how would you proceed?

would you send a dv to buy sometime and then if they respond say oh well its over sol. or how would you handle this?

Now if this is past sol do I send them sometype of letter saying they are trying to collect on an uncollectable debt?

Edited by NeverServed
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As far as I know, simply sending a DV and requesting validation does not restart the SOL. A DV is not an admission that you owe the debt. It's merely requesting validation of what the JDB claims.

Check the OC's entry on your credit report. The date of 1st delinquency should tell you if it's still within the SOL.

If you send a DV, just make it simple.

Date

NeverServed

Address

City State

Midland

Address

City State

Account #:____

To Whom It May Concern:

I am requesting validation of the above referenced account.

NeverServed

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As far as I know, simply sending a DV and requesting validation does not restart the SOL. A DV is not an admission that you owe the debt. It's merely requesting validation of what the JDB claims.

Check the OC's entry on your credit report. The date of 1st delinquency should tell you if it's still within the SOL.

If you send a DV, just make it simple.

Date

NeverServed

Address

City State

Midland

Address

City State

Account #:____

To Whom It May Concern:

I am requesting validation of the above referenced account.

NeverServed

Thanks I will do so. I cant see my credit report printed it out and handed it to the attorney. AHHHH sigh! But it was really weird to read it because it had different things didnt actually show the last date. just months and ok or some code in the box.

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Just me, but I make sure and put my home and cell phone numbers on the DV letters and besides some blanket statement of having no knowledge of the account and want verification of it including but not limited to copies of all contracts, transaction statements, etc etc what ever else you can think of that might pertain to this type of debt, then say it is inconvenient to contact you by phone at all and all correspondance should be by mail. See if they call ya, if so you have more against them. Unless you say in the DV request or any other letter to them that you admit to the debt are that you are going to pay it, then it will not restart the SOL. Admission or payment agreement sometimes can be used to restart the SOL.

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Just me, but I make sure and put my home and cell phone numbers on the DV letters and besides some blanket statement of having no knowledge of the account and want verification of it including but not limited to copies of all contracts, transaction statements, etc etc what ever else you can think of that might pertain to this type of debt, then say it is inconvenient to contact you by phone at all and all correspondance should be by mail. See if they call ya, if so you have more against them. Unless you say in the DV request or any other letter to them that you admit to the debt are that you are going to pay it, then it will not restart the SOL. Admission or payment agreement sometimes can be used to restart the SOL.

But wouldnt saying I have no Knowledge of account be me lieing? if I know that I had an account?

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To Whom It May Concern:

I have no knowledge of this account. I am requesting validation of the above referenced account, including but not limited to copies of all contracts, transaction, and statements, Also Original creditors Information. Please do not contact me by phone AT ALL . All correspondence should be made through the mail.

Thank you

here is what I have so far? Should I also ask them for a copy of the date of last transaction on said account? Because I know darn well sol comes to play.

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Sending nothing but a DV and don't demand anything. They don't have to provide it and it only tips them off you don't know the law.

Never tell a creditor what they have to provide. If they comply with the law, they know what they have to send. Your demands mean zero. The law defines what is required.

A DV response requires nothing more than a yep you owe it and the records reflect the same. I do agree about a ceasing contact if you don't want them to call.

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If you outright say I have no knowledge of this account, yes technically that is lieing. Saying you are unsure of this or any account they are attempting to collect on, as well as that they have a legal right to collect the said account is not lieing. As far as some of the other stuff...well for most people the argue ment may or may not work. I include extra stuff for two reasons, if I do owe the debt I want to know exactly what I am paying and to who. If not, things such as is the CA the rightful owner to the debt and are they legally able to collect in my state are important matters. If they still attempt to collect without being legally able to such as one CompuCred from Ohio has attempted to do with me they are now in violation of TFC 392.101 and SINCE I asked for proof they are bonded in Texas to collect debts here and they refuse to answer that question yet attempt to collect a debt (as it says in all their letters) they are willfully violating the law. Willful violations are easier to go after than bona fide errors. By informing them of the law (in case they didn't know) when they continue to violate it there is no arguement of error, it is nothing but willful.

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Thankyou everyone. So If I send a DV letter and then find out it is sol. What do I do then send them a letter saying its a zombie debt they aretrying to collect? I am 100% certain as of next month EVERYTHING will be past sol. Just some of them I cant remember If I paid last in dec jan feb or march. BUt I am almost certain I defaulted in feb march. But that is not what my credit report is reflecting. Its almost as if they changed the dates. So the recent attempt I got was way more then what was due. Also the OC wrote it off. They now own the debt according to their letter.

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Thankyou everyone. So If I send a DV letter and then find out it is sol. What do I do then send them a letter saying its a zombie debt they aretrying to collect? I am 100% certain as of next month EVERYTHING will be past sol. Just some of them I cant remember If I paid last in dec jan feb or march. BUt I am almost certain I defaulted in feb march. But that is not what my credit report is reflecting. Its almost as if they changed the dates. So the recent attempt I got was way more then what was due. Also the OC wrote it off. They now own the debt according to their letter.

When the debt is outside the SOL for collection, just send a simple C&D. That will take care of it.

What do you mean they changed the dates on your CR?

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When I had an attorney look at the experian, Because he is trying to settle on a judgement I never knew I had different ca . I get another one that I just got a settlement offer from the other day MCM it should be at sol at the end of this month. He told me it will be in august looking at my cr. Which I thought the sol starts when you stop making payments. Thats why it cant be that late. Means I would have stopped paying in July WHICH is ABSOLUTELY impossible.

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When I had an attorney look at the experian, Because he is trying to settle on a judgement I never knew I had different ca . I get another one that I just got a settlement offer from the other day MCM it should be at sol at the end of this month. He told me it will be in august looking at my cr. Which I thought the sol starts when you stop making payments. Thats why it cant be that late. Means I would have stopped paying in July WHICH is ABSOLUTELY impossible.

The SOL begins the month a payment is due, but payment is not made. If a payment was due in April, but was not made (last payment was in March), then the SOL begins in April...because the payment for April wasn't made.

MCM should be reporting either a date of last payment OR a date of 1st delinquency. Are they doing so?

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The SOL begins the month a payment is due, but payment is not made. If a payment was due in April, but was not made (last payment was in March), then the SOL begins in April...because the payment for April wasn't made.

MCM should be reporting either a date of last payment OR a date of 1st delinquency. Are they doing so?

NOPE neither. I am sure it is at sol. I am almost positive I stopped paying in jan or feb 2006. I couldnt have paid in March or after. Financial issues. But again they are going for almost 4 grand and offering to settle for 3400. Which the debt to begin with was less then 1,000.
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NOPE neither. I am sure it is at sol. I am almost positive I stopped paying in jan or feb 2006. I couldnt have paid in March or after. Financial issues. But again they are going for almost 4 grand and offering to settle for 3400. Which the debt to begin with was less then 1,000.

If MCM isn't showing a date of 1st delinquency, how does the attorney come up with August as the month the entry will fall off?

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If MCM isn't showing a date of 1st delinquency, how does the attorney come up with August as the month the entry will fall off?

It is my attorney. When I took him documents to handle a judgement I have they are trying to bring here to my state. After a company got a judgement against me from a state I hadn't lived in for 2 years. I contacted an attorney to try to negotiate the debt. During that I handed him a copy of the credit report I have and asked him to see where I fell to determine if it would be better to file bankruptcy or try to negotiate and what was at sol or past sol. I get a letter from mcm. In regards to a dell account I had years ago which I defaulted but the balance was no where near what they are trying to get. Also I am certain when I wasn't able to pay on anything because of my divorce. That's how I know its at sol. Or has passed sol. And the attorney said based on my cr it would be past sol in august.

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