LeoGoddess Posted August 23, 2013 Report Share Posted August 23, 2013 Good afternoon all, I sent Midland a DV letter for a debt they picked up by HSBC in the amount of $12,447.47. Wrong amount. I believe the account they are referring, last pyament i believe was in 2010. The response to my Dv letter was: 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 consumber credit reporting agencies change the status of this account to "Disputed." They then go to ask me to send them documentation:1.) Paid In Full or settled account2.) Fraud3.) Balance Discrepancy4.) Death of Consumer owing the Debt Okay, so if i sent the the DV, why would they ask me for anything. Shouldn't they be validating? I mean i do have a police report for identitfy fraud filed 4/12. Wouldn't i be giving them the information they need to prove this to me. What should i do next. To me, it's like their asking me to verify myslef.....Also, the name the have is all backwars. They have my middle inital first, first name and last name abbreviated. Any assistance will be greatly appreciate. Thanks In Advance Link to comment Share on other sites More sharing options...
energizer Posted August 23, 2013 Report Share Posted August 23, 2013 welcome to MIDLAND lEOgODDESS?That's just the beginning. Now on and after any and all letters sent to Midland will be stating one & the same thing. You can look up some posts i have for midland under my handle here and start expecting to get these letters from them. No matter what u send them, the response is going to be the very same letter. In the event, you hear anything differently as far as letters/communications go, you let us know Link to comment Share on other sites More sharing options...
Anon Amos Posted August 24, 2013 Report Share Posted August 24, 2013 Okay, so if i sent the the DV, why would they ask me for anything. Shouldn't they be validating? I mean i do have a police report for identitfy fraud filed 4/12. Thanks In Advance The bottom feeders usually do depend on you to help make their case. Why not do as they asked and go with # 2 FRAUD? You could then send them copies of police reports as the supporting documentation they requested. If nothing else it will drag things out as you are getting close to the SOL. Link to comment Share on other sites More sharing options...
LeoGoddess Posted August 26, 2013 Author Report Share Posted August 26, 2013 Thanks guys! I'm going to go for option 2) Fraud. Link to comment Share on other sites More sharing options...
Anon Amos Posted August 27, 2013 Report Share Posted August 27, 2013 Thanks guys! I'm going to go for option 2) Fraud. I would add to it: "or mistake". So it's Fraud or Mistake. You are not making any allegations, or speculating; It's just not your account. It may come in handy later because fraud or mistake is the defense to an account stated cause of action. 1 Link to comment Share on other sites More sharing options...
nascar Posted August 29, 2013 Report Share Posted August 29, 2013 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 consumber credit reporting agencies change the status of this account to "Disputed." They then go to ask me to send them documentation:1.) Paid In Full or settled account2.) Fraud3.) Balance Discrepancy4.) Death of Consumer owing the DebtAny assistance will be greatly appreciate. Thanks In Advance Send nothing. The FDCPA places no obligation on the consumer to provide the debt collector with anything, other than to dispute in writing if you want them to provide verification of the debt. 1 Link to comment Share on other sites More sharing options...
LeoGoddess Posted October 1, 2013 Author Report Share Posted October 1, 2013 Hi Guys, So Midland sends me a letter back stating they updated the bureaus. The account proven to be mine, opened 2005, the amount, etc. I'm going to send off admissions letter??? Should i send anything else? Link to comment Share on other sites More sharing options...
willingtocope Posted October 1, 2013 Report Share Posted October 1, 2013 So, unless the letter they sent is a summons to appear in court....send them nothing. The next move is theirs. They will sue or go away. They're still asking you to admit you owe them money. 1 Link to comment Share on other sites More sharing options...
BV80 Posted October 1, 2013 Report Share Posted October 1, 2013 @LeoGoddess Hi Guys, So Midland sends me a letter back stating they updated the bureaus. The account proven to be mine, opened 2005, the amount, etc. I'm going to send off admissions letter??? Should i send anything else? Admissions are part of the discovery process in court. This is not court. Midland wouldn't be required to respond to admissions. In your first post, you stated, "I sent Midland a DV letter for a debt they picked up by HSBC in the amount of $12,447.47. Wrong amount. I believe the account they are referring, last pyament i believe was in 2010." You need to make SURE as to which account they're collecting. Also, as far as the amount is concerned, if the last pay was in 2010, unless your state laws say otherwise, Midland can add interest to the balance. Have you disputed yet with the credit reporting agencies? Link to comment Share on other sites More sharing options...
LeoGoddess Posted October 1, 2013 Author Report Share Posted October 1, 2013 No, it wasn't a summons. I sent the DV letter first, they sent a letter back asking different question 1,2,3. I sent police report. They came back with debt verified, etc. So, i should just wait for a summons instead of fight them off. Link to comment Share on other sites More sharing options...
LeoGoddess Posted October 1, 2013 Author Report Share Posted October 1, 2013 I have not dispusted with the agencies. Link to comment Share on other sites More sharing options...
willingtocope Posted October 1, 2013 Report Share Posted October 1, 2013 By sending the police report, you're saying you don't think its your debt...the letter they sent says they think it is. Next step is court. Nothing else you can do to make them go away. Link to comment Share on other sites More sharing options...
LeoGoddess Posted October 1, 2013 Author Report Share Posted October 1, 2013 So, I have no other steps? Do you know an attorney in Arkansas? Link to comment Share on other sites More sharing options...
BV80 Posted October 1, 2013 Report Share Posted October 1, 2013 @LeoGoddess It's been said that disputing can put you on a JDB's "radar". Depending upon how much longer you have on the SOL, you have to think about that possibility. Is HSBC reporting on your CR? If so, they should be reporting a charge-off amount. If the account was charged off in 2010, you'd add 3 years worth of interest to the amount. Link to comment Share on other sites More sharing options...
LeoGoddess Posted October 1, 2013 Author Report Share Posted October 1, 2013 BVO, so I don't have any other options since i sent the Police report as advised on here? I was just wondering. I was trying to reach Coltfan to get the Arkansas Attorney he knows. Link to comment Share on other sites More sharing options...
Jimmy E Posted October 1, 2013 Report Share Posted October 1, 2013 So, I have no other steps? Do you know an attorney in Arkansas? LeoGoddess, Do what you think you should, but I would wait for a 'summons' before doing anything else. Frankly, I believe that's about all you can do, short of suing THEM if you feel they broke the law. If you are interested in an Arkansas attorney, I would contact the "Cook Law Firm." Right now they are in the process of a class-action against CACH, LLC. (60CV-13-1557) I know your JDB is different, but the guys at "COOK" are well aware of the JDBs. Check out the link above. Plus, I've had run-ins with Midland before. When the time comes, I'll be happy to share what I did. -J 1 Link to comment Share on other sites More sharing options...
Anon Amos Posted October 2, 2013 Report Share Posted October 2, 2013 So, i should just wait for a summons instead of fight them off. You wait for the summons so that you CAN fight them off; not INSTEAD of fighting them off. Don't speak to any debt collectors on the phone, if they call; I would tell them that you will only speak to the lawyer. You can continue learning how to fight them and be well prepared by the time you receive the summons (which is helpful even if you do get a lawyer). Link to comment Share on other sites More sharing options...
LeoGoddess Posted October 2, 2013 Author Report Share Posted October 2, 2013 Thanks everyone. I agree with each of you. I actually am in dispute with Cach right now with McHughes law firm JDB...I've recieved a summons from them and have been fighting every since. If they really had something concrete, wouldn't they have already claimed a judgement? This has been a back and for the process with McHuges/Cach. I will reach out to Cook law firm to find out my options pertaining Cook Link to comment Share on other sites More sharing options...
Anon Amos Posted October 3, 2013 Report Share Posted October 3, 2013 I actually am in dispute with Cach right now with McHughes law firm JDB...I've recieved a summons from them and have been fighting every since. If they really had something concrete, wouldn't they have already claimed a judgement? They can't just claim a judgment, they have to win one at trial (unless you fail to answer the complaint and they get a default judgment). CACH is the worst of the bottom feeders; they will fight hard and dirty. Link to comment Share on other sites More sharing options...
LeoGoddess Posted October 3, 2013 Author Report Share Posted October 3, 2013 Thanks. I'm going to speak with Cook today about Midland and McHughes. Link to comment Share on other sites More sharing options...
energizer Posted November 1, 2013 Report Share Posted November 1, 2013 I am happy to report that after lots and lots of letter writing using the TX TFC 392 and even after Midland responding with the same old letters again I have been able to have MIDLAND FUNDING LLC DELETE my tradeline completely off TRANSUNION ONLY. I checked Oct 20th, 2013 and Transunion showed deletion but Exp & Equifax did not? I m very happy about it. Another one for Pro-Collect on utility bill also got deleted. Now I am waiting on 11th month of 12 mos no interest financing interest loan with CONN's that I will have finished (paid off) by November 23, 2013 and will list as installment loan paid off after 11 months. Link to comment Share on other sites More sharing options...
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