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Midland wants supporting documents after "verifying"


PaintTheSunset
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Hi Everyone!

 

This is my first post on the forum, though I've been lurking for awhile.  

 

First, let me thank all those who are providing this fantastic service!  I found your site after getting a letter from Midland inviting me to settle an alleged old credit card debt.  I had never heard of Midland, wasn't sure what to do, and found your site while googling information on how to handle them.  I'm so glad that I did!  I have learned so much from you... including the fact that the debt they were writing to me about is outside the SOL.  Needless to say, Midland never got a response from me.  

 

 

That was when I decided to pull my credit reports and begin my credit repair journey.  I'm making lots of progress following the guidance of the awesome and knowledgeable people here on this site.  Thank you again!

 

Here's my conundrum: 

 

I had four alleged debts in collection with Midland.  I disputed all four early March, and three were deleted.  The other, however, was "verified."  This one particularly peeves me because it is the very last negative item that will expire off my credit reports, so I want it gone.  

 

Today, I received a letter from Midland about this same alleged debt (account number and balance match what's reported on my credit reports, so I know they're referring to this account and not any of the deleted ones).  Those cretins want "any documentation you may have that supports your dispute."  This letter is dated last week.  They "verified" it three weeks ago, but now, after the fact, want me to send them supporting documents!

 

I've read enough on these forums to know better than to send them a darn thing, so don't worry about that.  However, a couple questions...

 

1.  What on earth are they thinking or trying to do?  I could understand the strategy if they were doing this about one of the deleted debts, in order to try to get new evidence to allow them to resume reporting, but not one they claim that they were able to verify to the CRA's.  

2.  Is sending this letter to me after the dispute in any way illegal, and if so then how and which law would this be breaking?  I don't see how they're getting away with reporting this debt to the CRA's as "verified" if they still need my help to prove it's real.  

3.  What should I do next?  Should I redispute as "not mine" again, or should I dispute for some other reason like payment history, or should I try writing to the CRA's with a copy of Midland's letter as "proof" that Midland doesn't actually have validation of this debt, or is there some better course of action?

 

I am very, very grateful for the advice and assistance.

 

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The SOL has expired for this account, so they really don't have a case against me.  Not that Midland wouldn't try.  Maybe they're just trying to get me to trip up so that they can restart the SOL?  I don't know. 

 

I sent the dispute directly to the credit bureaus, as "not mine."  I have made no contact to Midland.  

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It's time to get tough with them (Midland).  They are reporting an SOL account which could be a FDCPA violation (misrepresenting the status of the debt).  

 

I'm sorry, I think I worded that wrong.  I meant that it's outside the statute of limitations for collection in my state, so they can't sue me for it here.  The account is still within the seven year time frame for the credit reports, though.  I think that's how that works, please correct me if I'm mistaken.    

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Probably the reason they asked you for supporting documents is because of your dispute as "not mine".  They want to know why you claim it isn't your account.   I agree with disputing as "not mine" because it can work and entries can be deleted.  However, if the CA/JDB believes it is the consumer's account, then, as in your case, they might request proof from the consumer. 

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Probably the reason they asked you for supporting documents is because of your dispute as "not mine".  They want to know why you claim it isn't your account.   I agree with disputing as "not mine" because it can work and entries can be deleted.  However, if the CA/JDB believes it is the consumer's account, then, as in your case, they might request proof from the consumer. 

I don't know about this particular case, and what the OP has.  But in a genuine "not mine" case (based on a dunning letter they sent me) I had several years back, they, too, wanted me to provide documentation to prove the debt was not mine as I had initially claimed.  I sent them back a letter saying that I stand by my claim that it is not mine, and that I included a copy of all the documentation I had about this debt in the smaller enclosed envelope.  That envelope was sealed empty.  I think they "got it" as they never communicated again (I never sent a cease communication) and never placed on my CR.  They may have been "feeling out" poor quality skip tracing (e.g. turn up a few addresses, don't know which one is the real debtor, send to all anyway, judge the reactions).

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  • 2 weeks later...

Probably the reason they asked you for supporting documents is because of your dispute as "not mine".  They want to know why you claim it isn't your account.   I agree with disputing as "not mine" because it can work and entries can be deleted.  However, if the CA/JDB believes it is the consumer's account, then, as in your case, they might request proof from the consumer. 

I know of no cases where they've requested proof that it wasn't the consumer's.  However, they can choose to ignore the request for verification or deem it frivolous. 

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  • 2 weeks later...

well, i guess i have an exact similar letter asking for documentation? should i also try an envelope sealed empty? Torden? would u?

I did for mine.  It's up to you to decide if it fits your case.  Basically the point is, if you never heard of them and have no documentation, tell them that you believe that it is not yours simply because you have no documentation (or memory) of such a thing.

 

Then ask them to provide all documentation that proves their claim that you owe it, adding that if they do not, you will assume they have no documentation and thus are attempting fraudulent collection.

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I assume we got the same letter also. This is for a debt that is out of the SOL (4 years) and last payment was 6.5 years ago. I disputed this debt online FYI. Any thoughts if I should even reply?

 

Here is the text:

 

Dear Thunder,

The purpose of this letter is to request your assistance so that we may reach a quick-resolution to your dispute.
 
As part of our investigation of your dispute, it would be helpful to have a copy of any documentation you may have that supports your dispute. In the interim, we have requested that the three major consumer credit reporting agencies change the status of this account to "Disputed." *

Examples of such documentation include the following:
 
1. Paid in Full or Account Settled: Proof of payment, for example: a) copy of front and back of payment instrument with copy of settlement offer or statement showing balance, B) copy of paid in full or settled in full letter, or c) other document showing balance has been fully satisfied.
 
2. Fraud: a) copy of police report, B) Federal Trade Commission fraud affidavit (which can be obtained at www.ftc.gov/idtheft), or c) notarized fraud affidavit.
 
3. Balance Discrepancy: a) copy of contract that states rates for timeframe of disputed service, (B) copy of bill that shows amount owed or rates, or © more detailed explanation of disputed charges.
 
4. Death of Consumer Owing the Debt: copy of the certified Death Certificate. Please mail any documentation you may have to support your claim to:
Attention: Consumer Support Services. P.O. Box 939069
San Diego, CA 92193
 
We can be reached at (800) 825-8131 ext. 32980 should you have any further questions.

Sincerely,
Consumer Support Services
 
*Your credit report will not be updated if the federal reporting period has expired.
Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any information will be used for that purpose.
Please see reverse side for important information


Important Disclosure Information
 
Please understand this is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.
 
Calls to and/or from this company may be monitored or recorded.
 
As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit-reporting agency if you fail to fulfill the terms of your credit obligations.
 
MAIL CORRESPONDENCE BUT NO PAYMENTS TO:MCM's business address at 8875 Aero Drive, Suite 200, San DIego, CA 92123

 

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Dear Consumer Support Services,

 

You left out:

 

5.  Creditor or Collector bookkeeping error, or other error, mistakenly identifying the wrong person as debtor.

 

I am unable to determine whether the cause of this issue is #2 or #5.  I do not have the information to make this determination because I have no information at all other than what you provide.  I cannot make a police report without knowing there is identity theft, as doing so is criminal fraud.  So therefore I insist that you provide the information to me, notarized, that determines the source of this debt, including all identifying information about the actual person (beyond their claimed identity), and all methods used to validate and verify that the person establishing the account was the person they claimed to be.  Also, the date of the account establishment, and its location and jurisdiction needs to be provided.  This is information that will be compelled in discovery if you force this to go to court.

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I also received the same help them in THEIR investigation letter from Midland after disputing with all three credit bureaus yesterday. Sent my dispute to the credit bureaus on May 15 and received the letter from midland on May 29. Been researching online and it seems like half of the people say reply and the other half say ignore. Does it really make a difference? I like the reply Torden gave.

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You should never ignore any debt letter, as this is one way for them to then try and slip in a default judgment on you. Let them know that if they try any thing your up for a fight. Too many people bury their heads in the sand and end up paying a high price for it. Just my thoughts.

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I also received the same help them in THEIR investigation letter from Midland after disputing with all three credit bureaus yesterday. Sent my dispute to the credit bureaus on May 15 and received the letter from midland on May 29. Been researching online and it seems like half of the people say reply and the other half say ignore. Does it really make a difference? I like the reply Torden gave.

Definitely DV at the very minimum.  

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Found this on another forum. Is this true?

 

"Ignore it. MCM is a well oiled machine. They want you to provide evidence of the debt. By law they cannot contact you again until they validate. If you contact them, you may waive your FDCPA right not to be contacted.

They will miraculously find the information and provide the bare minimum required by FDCPA and continue their collection efforts.

"

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Found this on another forum. Is this true?

 

"Ignore it. MCM is a well oiled machine. They want you to provide evidence of the debt. By law they cannot contact you again until they validate. If you contact them, you may waive your FDCPA right not to be contacted.

They will miraculously find the information and provide the bare minimum required by FDCPA and continue their collection efforts.

"

Bad advice in my opinion.  

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With a simple DV letter they can continue to contact you!!! In order to stop them it must be a full blown C&D letter or have words that will echo that fact! Do not confuse a DV and C&D. They are two different types of letters.

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