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DV letter to MCM


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Can someone please tell me if this DV letter is sufficient to send.  From many posts I have read it seems simple might be the best way to go?

 

Should I delete the election of arbitration since Barclays does not have JAMS just AAA?  After what I am reading I am not afraid to fight in court!

 

I attached 3 pages of the 1st letter I have reciecved from MCM, (oops just deleted the scans I could still see my info through the blackout)

 

I have read that MCM does make violations but I'm getting real confused on what to look for in the letter from them.  Any tips here?  As I said this is the 1st letter from them.

 

 

 

Midland Funding, LLC / Midland Credit Management, Inc.

8875 Aero Drive, Suite 200

Att: Consumer Support Services

San Diego, CA.  92123

 

 

February x, 2013

 

 

Dear Midland Funding, LLC & Midland Credit Management, Inc.

 

1.  This letter is in response to your letter dated xxx x, 2013 with reference MCM account  # xxxxxx.

2.  I dispute this alleged debt.  Please validate the debt.    

 

3.  If there is an arbitration clause related to this alleged debt, I elect arbitration to resolve any dispute.

 

4.  Telephone calls are not convenient at any time or location.  Communicate by mail only.


Regards,

 

xxx xxxx

xxx x. xxxx.

xxxxx, xx.  xxxxx

 

 

CMRRR # ________________________________________

 

 

 

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It's fine in my view. On the other hand, I had an attorney send one off for me as a courtesy for a law firm representing asset acceptance. He is the principal for one of the most respected consumer protection firms in IL.

 

Here is what he wrote:

 

Please be advised that I dispute the claimed debt(s) you are attempting to collect. Please provide any contract or agreement signed by me and an account history showing how you arrived at the conclusion that I owe the amount claimed and when this alleged debt(s) was charged off.

 

Furthermore, you are hereby requested, as required by the Uniform Commercial Code, to provide proof that you or your principal is in fact the assignee of the debt(s) described above and that you are legally authorized to attempt to collect the claimed debt(s) from me.

 

Unless and until such proof is furnished, I do not recognize any right on your part to attempt to collect any amount from me through any means, including credit reporting, and you are advised that I refuse to pay and requests cessation of further communications, except through regular mail. Any and all consent that I may have given for communications to cellular telephones is hereby revoked.

 

I'm not saying mine is better--it was just written by an attorney.

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It's fine in my view. On the other hand, I had an attorney send one off for me as a courtesy for a law firm representing asset acceptance. He is the principal for one of the most respected consumer protection firms in IL.

 

Here is what he wrote:

 

Please be advised that I dispute the claimed debt(s) you are attempting to collect. Please provide any contract or agreement signed by me and an account history showing how you arrived at the conclusion that I owe the amount claimed and when this alleged debt(s) was charged off.

 

Furthermore, you are hereby requested, as required by the Uniform Commercial Code, to provide proof that you or your principal is in fact the assignee of the debt(s) described above and that you are legally authorized to attempt to collect the claimed debt(s) from me.

 

Unless and until such proof is furnished, I do not recognize any right on your part to attempt to collect any amount from me through any means, including credit reporting, and you are advised that I refuse to pay and requests cessation of further communications, except through regular mail. Any and all consent that I may have given for communications to cellular telephones is hereby revoked.

 

I'm not saying mine is better--it was just written by an attorney.

 

Was your letter sent on an attorney letterhead and signed by your attorney?  I'm just wondering, because if that's the case, it might carry more weight with a CA/JDB.

 

Also, regarding the UCC, that depends upon state law.  If your state law requires such proof in order to attempt collection in your state, that's valid and it works.  BUT...your attorney is thinking like an attorney.  (I hope that made sense.)   If a CA/JDB has to meet certain requirements to attempt collection in your state, why give them a heads up?  If they meet those requirements, fine.  If they don't meet the requirements, it's not your job to inform them of the correct procedure.  Let them violate. 

 

I disagree with his inclusion of "including credit reporting".   I could be wrong, but I believe the attorney was incorrect by including that phrase.  Proof of the right to collect in your state has nothing to do with credit reporting.  Either your attorney doesn't know that fact, OR he's hoping the CA/JDB attorney doesn't know that fact.  It could very well be the latter. 

 

Anyway, thanks for posting that letter.  It always helps us when we can read anything written by an attorney. 

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In Arizona, there is the Boatley case law that states that any reporting by a collections firm to a credit bureau is considered collection activity.  

 

No matter where you are located, if you dispute a debt BEFORE the CA/JDB has placed the account on your CR, they are required to include the fact that the account has been disputed.

 

However, some courts have ruled that if the CA/JDB is already reporting BEFORE you dispute the account with the CA/JDB, they not required to include your dispute.  It's called "post dispute". 

 

I should have qualified my comments by stating that such a claim would depend upon how your courts have ruled.  If AZ and the 9th Circuit have ruled that an account that's already being reported must be updated by the CA/JDB to include a dispute, then that's how it is.

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I guess my point is that if you send them a timely DV and they do not respond, and they report on your credit report, it's a violation of the FDCPA.  Continued collection activity after they failed to validate.  But Arizona is the only state I know of that has ruled this way.  

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