mrdearborn

I DV'd Midland last year, forgot about it, and this happened

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What DV letter did you use? That's the million dollar question here! Please elaborate. I just sent DV to them last week. I also sent a

 

DV letter to Portfolio attorney in Dec of 2012. No response until April of 2013 with a letter with 2 old credit card statements stating that

 

if I wish to settle the account to call their office. I haven't heard from them since.

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@BigFootNTN edit to your situation obviously...

 

Over the span of that year, they sent me 2-3 letters stating that they received my letter but no information on my attorney to send a response and that if I did not respond within 30 days they would assume I had no attorney. You may want to reference that you are representing yourself and not by an attorney. Although, the info was removed from my CR within a few months, I forgot about it until now.

 

[DATE]
[NAME]
[ADDRESS]
 
[JDB]
Attn: Consumer Support Services
[JDB ADDRESS]
 
RE: Account # 
 
To whom it may concern:
 
Be advised, this is not a refusal to pay, but a notice that your claim is disputed and a validation is requested.
Under the Fair Debt Collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt.
 
This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( B) of the FDCPA. I respectfully request that your offices provide me with complete evidence that I have any legal obligation to pay you.
 
At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus (Equifax, Experian, Trans Union), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following:
 
Violation of the Fair Debt Collection Practices Act
 
Defamation of Character
 
I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the Fair Trade Commission (FTC) and other state or federal agencies. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of my information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
 
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.
 
CREDITOR/DEBT COLLECTION DECLARATION
 
Please provide the following:
 
• Agreement with your client that grants you the authority to collect on this alleged debt.
 
• Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the 
 
creditor.
 
• Any insurance claims been made by any creditor regarding this account.
 
• Any judgments obtained by any creditor regarding this account.
 
• Name and address of alleged creditor.
 
• Alleged account number.
 
• Address on file for alleged debtor.
 
• Amount of alleged debt.
 
• Date this alleged debt became payable.
 
• Date of original charge off or delinquency.
 
• Verification that this debt was assigned or sold to collector.
 
• Complete accounting of alleged debt.
 
• Commission for debt collector if collection efforts are successful.
 
Please provide the name and address of the bonding agent for Midland Credit Management, Inc. in case legal action becomes necessary. Your claim cannot and WILL NOT be considered if any portion of the above is not completed and returned with copies of requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.
 
Best Regards
 
[YOUR NAME]
 
cc Federal Trade Commission.
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That's an impressive letter. But, unless your state has significantly more teeth in its DCPA than the Feds do, Midland knows that they don't have to provide that information.

 

All they are required to do is jump over a twig, which includes the name and address of the OC, and a minimal proof of the debt. Those ridiculous spreadsheets--yup, they count.

 

Given that Midland is sometimes the second or third JDB to get the old debt, however, it IS possible that they didn't even have that.

 

You were lucky, and I congratulate you on your luck. 

 

I had a case dismissed w/o prejudice a couple of years ago, and the JDB quietly disappeared from my CRs. Made me pretty happy, as well.

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Thanks for responding back  MrDearborn. I used the same letter as you did from this site. I guess that is why I haven't heard anymore from Portfolio.

I did hear back from a consumer attorney today that I left message with last week, I won't mention his name on open forum just yet, but he has a lot of clout with jdb attorneys and  made me an offer that I just couldn't refuse. I will say to anyone that if you are being hounded by jdb's then call a reputable consumer attorney in your state because they can help you.

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Can you elaborate at least if the statute of limitations was to you  advantage. But you said you dealt with an attorney  and he made you an offer.. Does that mean a settlement and they removed? I hear pay to remove is almost impossibe. Please elaborate on the circumstance to help others with this possible opportunity.

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i just sent that letter 2 weeks ago to midland and i received a letter saying im pre approved for a discount program but nothing saying they received my letter.. idk what to do next. :/

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