Letter to Midland Credit Attorney

[jsk300]

Letter to Midland Attorney/Share Holder Robin Pruitt.  Please critique:

Ms. Pruitt,

Your company has refused to provide me with any validation that I am legally obligated to pay for a debt your company says I supposedly owe.  The account is question is as follows:

Midland Account #123456789-C

My first request for validation was sent to Mitchell N. Kay, who was retained by Midland Credit to collect on this debt.  In my letter to Mitchell Kay, I specifically asked them to provide me with validation as required under the FCRA.  This letter was sent CMRRR on November 12th, and received and signed for on November 15th.  A copy of that letter is hereby attached.   Mitchell Kay responded by saying they were sending this account back to the “original” creditor, Midland Credit Management.

On December 20th, 2007, I then sent a letter to Midland Funding asking specifically for them to validate this debt.  That letter was sent CMRRR and received and signed for on December 27th, 2007.  I advised Midland that I had pulled my credit reports and wanted to know why they were reporting a trade line for an account that they have never validated.  A copy of that letter is hereby attached.

It has now been over 90 days, and a recent pull of my credit reports indicates that Midland Credit is STILL reporting this on my credit reports, without providing me one shred of evidence that this account is mine.  I am now out of options in dealing with your company. 

I have handed over copies of all my correspondences, CMRRRs, and credit reports to an attorney for review.  If it’s determined that any violations have occurred, we will pursue this matter further in a court of law, where Midland Credit will be ordered to remove this account from my credit report, and compensatory damages for your willful non-compliance will be determined.

This matter can simply be resolved by either providing me the documentation I am entitled to, or remove this account from my credit reports.  I would like to not pursue further legal action against your company but if necessary I will certainly not hesitate to do so, since this account is poisoning my credit reports.

I suggest you give this letter the proper attention it deserves.

Regards,

[Anonymous]

First of all, I know a Robin who is a man! lol

Second, have you turned this info over to an attorney?  If so, then great.  If not, don't go there.  See this link

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=89078

for a kick butt reply to a CA that has not fully complied with a DV request.  Add your particulars about the dates and the number of times they have reported and the number of agencies they have reported it too (each one is separate offense).  Give then only what they need and send it CMRRR.

Wait another cycle to see if the reporting continues....THEN go get a attorney (if you don't already have one).  The reasoning behind all this is that these idiots do not know the law.  This reply above shows them that 1) you know what you are talking about and 2) the FDCA protects you and 3) you have ways of taking $$$ off their hands in court. 

Message Edited by pushedtoofar on 03-25-2008 01:34 PM