WriterDilemma Posted April 13, 2019 Report Share Posted April 13, 2019 Hello! I've searched this site for answers and done some research into handling Midland Credit Management, but I still need a bit more guidancee for my situation. I saw a post on here that I can't find now, which is driving me nuts, where the OP mentioned in the comments that they sent a DV to Midland Credit Management and they received a debt validation response letter back, but they also received another collection letter from Midland that was dated before the date on the DV response letter. Another user replying to the comment mentioned that this violated the fair debt collection practices act because Midland must cease all collection efforts until after the debt validation letter has been received and they could likely get the debt dismissed with prejudice (something along those lines, i'm paraphrasing since I can't remember the exact wording) because of that violation. I can't remember if the OP mentioned if the DV response came before the collection letter, only that the date on the collection letter was before the DV response letter's date. Is this true? In my case, I live in Georgia and I had a CareCredit card with Synchrony bank that I guess Midland Credit Management bought after I stopped being able to make payments and it went delinquent. I thought I hadn't received the first letter (it was sent in a plain envelope so it was tossed into my junk mail pile and forgotten about), so when I received the Pre-Legal Notification letter from them, I sent them a debt validation request and stated that I refuted the alleged debt (based on advice I read on this site) and I hadn't received a prior letter from them (a couple weeks after that I found the first letter while sorting through my junk mail). The a$$h0les also sent the pre-legal notification letter by next day air mail 3 days before I was required to respond, but they dated that letter two weeks before, as if they'd given me two weeks to reply to them instead of two days. I kept the envelope showing the date it was mailed along with the pre-legal letter in case I'd need it later. Anyways, about a month after I sent my DV request, I received two letters: one was the debt validation response letter from Synchrony dated 3/1/19, the other was a collection letter from Midland dated 2/28/19. It's a difference of one day, but is that still important and does it count as a violation? Another oddity I noticed is the Date of Sale date that Synchrony listed on the DV response letter doesn't match the Date of Sale date listed on the first collection letter from Midland. Midland lists the sale date as 11/20/19, but Synchrony lists it as 11/27/19. The charge-off dates matched on both letters. Is it also important that the Date of Sale dates don't match or does that not matter? I'd like to get the debt dismissed with prejudice if possible or take them to arbitration with JAMS if Midland sues me (so far I they haven't sued me), but do I have a case for a FDCPA violation defense? The last collection letter I received gave me until Monday to respond to their 5% or 10% off settlement letter, which I have not responded to. I'd really appreciate any advice or insight someone can give me for my situation. Thank you! Quote Link to comment Share on other sites More sharing options...
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