bored7one4 Posted August 17, 2013 Report Share Posted August 17, 2013 So I DV Midland Credit Management last month and I got a letter in the mail stating the following. In a previous communication with our company you indicated that you were being represented by an attorney but attorney contact information was not provided. Please provide a following information so we may contact your attorney directly. ATTORNEY NAMEATTORNEY ADDRESSATTORNEY PHONE NUMBER. I use the standard DV letter and no where on it indicated that i am represented by an attorney. How should I replay? It also said If they do not hear back from me within 30 days they will assume that you are not represented by an attorney. Any input will be great. Thanks Link to comment Share on other sites More sharing options...
Torden Posted August 18, 2013 Report Share Posted August 18, 2013 There is no legal requirement to answer this letter. They can (and usually do) assume anything they want to. 1 Link to comment Share on other sites More sharing options...
admin Posted August 18, 2013 Report Share Posted August 18, 2013 @bored7one4 - Yes, they cannot continue collection activities until they send you Debt Validation if you sent them a timely letter. Ignore. 1 Link to comment Share on other sites More sharing options...
WhoCares1000 Posted August 18, 2013 Report Share Posted August 18, 2013 First off, if you kept a copy of the letter you send to Midland, please review it to make sure it did not reference that you had obtained an attorney. Some of the website copy and paste letter might make that inference.If the letter did infer an attorney, you might want to send a letter like I put below. Otherwise you can ignore or send the letter below:"Dear Midland, I am in receipt of your letter dated --- requesting information regarding an attorney that I have hired to help me in these matters. I apologize for the confusion but at this time I have not obtained an attorney regarding these matter. I do reserve the right to obtain one in the future should I feel I need one.Please also note that the letter dated --- is not proper validation according to the FDCPA. I therefore expect that the law applies and that no collection of this debt will proceed until such time as I receive said proper validation.Thank YouYour Name"If this goes to court, a letter such as this will show the judge that you took the effort to clarify things. 1 Link to comment Share on other sites More sharing options...
admin Posted August 19, 2013 Report Share Posted August 19, 2013 @WhoCares1000 - The OP said they reviewed the letter carefully. So I think it was just a "one size fits all" type of canned response. Link to comment Share on other sites More sharing options...
schmitzy84 Posted August 19, 2013 Report Share Posted August 19, 2013 I received the same letter during my dealings with them. I agree with admin that this is likely a canned response. I sent them a letter stating that I was not yet represented by an attorney, but that I would not hesitate to contact one should I deem it necessary. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted August 19, 2013 Report Share Posted August 19, 2013 The idea of the letter is to look like you are being cooperative with Midland in regards to these matters. Whenever I perform an act on the basis of law, I make sure to do things in such a way that will look good to a judge that will see this. I also try to remove any ambiguity that could lead to a loophole for the other side. I would send said letter anyways and let a judge decide what the law is in regards to this. Link to comment Share on other sites More sharing options...
admin Posted August 19, 2013 Report Share Posted August 19, 2013 The idea of the letter is to look like you are being cooperative with Midland in regards to these matters. Whenever I perform an act on the basis of law, I make sure to do things in such a way that will look good to a judge that will see this. I also try to remove any ambiguity that could lead to a loophole for the other side. I would send said letter anyways and let a judge decide what the law is in regards to this.@WhoCares1000 - maybe, the OP will have to decide if it's worth the price of a CMRRR. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted August 19, 2013 Report Share Posted August 19, 2013 True, in the end it is always up to the person to follow or ignore advice on this board. Link to comment Share on other sites More sharing options...
admin Posted August 20, 2013 Report Share Posted August 20, 2013 True, in the end it is always up to the person to follow or ignore advice on this board.Some people don't realize it's only up to them. That can make for problems. Link to comment Share on other sites More sharing options...
Linda7 Posted August 20, 2013 Report Share Posted August 20, 2013 If it were me - I'd let them assume anything they want. I'd ignore the letter. Link to comment Share on other sites More sharing options...
BTO429 Posted August 20, 2013 Report Share Posted August 20, 2013 Just send them a letter stating there is no attorney. Link to comment Share on other sites More sharing options...
bored7one4 Posted August 20, 2013 Author Report Share Posted August 20, 2013 So today i got a letter from them asking me to provide any info I have to help with the dispute. I don't have the letter in front of me but that pretty the summary of the letter. what should I do? Link to comment Share on other sites More sharing options...
Torden Posted August 20, 2013 Report Share Posted August 20, 2013 What is the nature of the dispute with Midland? Is it a "not mine" debt? Link to comment Share on other sites More sharing options...
admin Posted August 20, 2013 Report Share Posted August 20, 2013 @bored7one4 - Tell them you don't have information since the debt is not yours. You've already provided them with the account number and your name and address. That's all you should need to do. Link to comment Share on other sites More sharing options...
Torden Posted August 20, 2013 Report Share Posted August 20, 2013 If it's a "not mine" debt, then there is no information you would have. "If no one has info on this debt, then it does not exist. I know I have no info on it. Let's see what YOU have. If you have nothing, then it does not exist." Link to comment Share on other sites More sharing options...
bored7one4 Posted August 20, 2013 Author Report Share Posted August 20, 2013 I've sent them a DV letter when i got a notice from them. Link to comment Share on other sites More sharing options...
admin Posted August 22, 2013 Report Share Posted August 22, 2013 I've sent them a DV letter when i got a notice from them. @bored7one4 - then I think you are going to have to send them another letter telling them it's not your debt and you don't have any documentation. Link to comment Share on other sites More sharing options...
BTO429 Posted August 22, 2013 Report Share Posted August 22, 2013 I would say it is just another attempt to avoid the dv process. These ca's are always looking for an angle to avoid the fdcpa. Here is what I would do. Send them a refusal to pay letter. Makae it short and sweet, the less you say the less they can attempt to use your words against you. Acct NO.To whom it may concern:I refuse to pay any portion of the alleged debt, nor will I pay it in full. If this forces them to sue you, you have proof you tried to cooperate but they would not provide you with enough information for you to determine if this is a valid debt. Link to comment Share on other sites More sharing options...
bored7one4 Posted August 22, 2013 Author Report Share Posted August 22, 2013 Got it. Thanks guys. Link to comment Share on other sites More sharing options...
admin Posted August 22, 2013 Report Share Posted August 22, 2013 @bored7one4 - keep us informed! Link to comment Share on other sites More sharing options...
bored7one4 Posted September 23, 2013 Author Report Share Posted September 23, 2013 Great News!! Got a letter from MCM yesterday stating they will delete this account from all 3 reporting agency. 2 Link to comment Share on other sites More sharing options...
admin Posted September 24, 2013 Report Share Posted September 24, 2013 @bored7one4 - Link to comment Share on other sites More sharing options...
bored7one4 Posted September 24, 2013 Author Report Share Posted September 24, 2013 So the only things left on my credit report are couple of charged off accounts BofA, Chase, Citi and Asset Acceptance account. I've been disputing with all 3 credit bureau but only Trans union deleted the Asset Acceptance account. All other came back as verified with this 2nd round of disputes. Should I DV Asset Acceptance ? I did not get a notice from them. (maybe I did a long time ago) or should I continue to disputes the accounts via the 3 credit bureau? Link to comment Share on other sites More sharing options...
admin Posted September 24, 2013 Report Share Posted September 24, 2013 So the only things left on my credit report are couple of charged off accounts BofA, Chase, Citi and Asset Acceptance account. I've been disputing with all 3 credit bureau but only Trans union deleted the Asset Acceptance account. All other came back as verified with this 2nd round of disputes. Should I DV Asset Acceptance ? I did not get a notice from them. (maybe I did a long time ago) or should I continue to disputes the accounts via the 3 credit bureau?@bored7one4 - I would do both. Link to comment Share on other sites More sharing options...
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