Need Help with this DV response from Midland

BRH3 · ‎03-25-2008

I sent a DV to Midland Credit Management on 2 accounts. I just received their response. Here it is:

Dear J,

The purpose of this letter is to request your assistance so that we may reach a quick resolution to your dispute.

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 CRA's change the status of this account to "Disputed."

Please mail of fax cancelled checks, paid letters, police reports, or any other documentation you may have to support your claim to 800-306-4443.

Obviously they have nothing. What next? I have no documentation and wouldn't send it anyway. Isn't the burden of proof on them? When I disputed with the CRA's, EQ removed it because they couldn't validate. TU says they validated and left it. Do I dispute again with TU or send them this letter? What response do i send to Midland? Thanks everyone.

Anonymous · ‎03-25-2008

Oh this is a good one. You asked for a DV and their response is to put the responsibility back on you! As I understand it (there are those here with much more knowledge of it) this violates the FDCA.

Wait for one of the gurus to guide you with a response letter. You do not have to send them anything (IN FACT DO NOT!!) It is their job to prove you owe a debt to them...not the other way around.....

BRH3 · ‎03-25-2008

Exactly what I thought. Thanks for your help. Anyone else have a suggestion what to do next?

Anonymous · ‎03-25-2008

After sending 2nd DV , If you don't get proper validation, File complaints with BBB, FTC and AG. Also send copies of all info to CRA's requesting deletion, due to fact they can not validate. Also wait and see if you get response from BBB, or AG. I doubt you will ge anything from FTC ( I never have ) Many times once a complaint is filled the CA will not vrify to CRA if they haven't complied with FCRA Laws.

BRH3 · ‎03-25-2008

Thnaks. I will do that unless others have a different suggestion.

Anonymous · ‎03-25-2008

Send the 2nd DV now CMRRR you do not have to wait until the 30 days are up!!!

You need to reword about they answered DV but did not validate!!!!

Dear Sir/Madam:

I'm sure you know, under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that in TWYLA BOATLEY, Plaintiff, vs. DIEM CORPORATION, No. CIV 03-0762 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, 2004, the courts ruled that reporting a collection account indeed is considered collection activity.

You recieved a request for validation from me on 9/18/07. You have not responded to that request in any way, and since that time you have updated information on my Experian credit report on 10/10/07 and on my Equifax report TWICE on 10/15/07. Each of these updates constitutes a violation of FDCPA.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA.

I look forward to an uneventful resolution of this matter.

I request that all contact with me be in writing, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, I am giving a list of the required documentation:

Complete payment history, the requirement of which has been established via Spears v Brennan 745 N.E.2d 862; 2001 Ind. App. LEXIS 509 and
Agreement that bears the signature of the alleged debtor wherein they agreed to pay the original creditor.
Letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) - Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.
Intimate knowledge of the creation of the debt by you, the collection agency.

As you are already in violation, I expect all reference to this account be deleted from my credit report, as this entry and any update of such entry will be considered another violation. You have 5 days from the receipt of this letter to remove this account from any and all reporting agencies, or a complaint to the FTC will be immediately filed for each and every violation from 9/18/07 until this issue is resolved. It is common knowledge that your company often violates these laws and I have no doubt that if I choose to litigate that you will be held liable for your actions. It is my hope that you will comply with the law in order to avoid the hassle.

Thank You,

TYPE NAME

BRH3 · ‎03-25-2008

Thanks!

MsKiwi · ‎03-25-2008

Question for you Happy Days......... They have to furnish me the amount they paid for the debt? Very interesting, I never noticed this part before while reading DV letter examples. Thank you!

"Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt."

BRH3 · ‎03-26-2008

Yes they do.

Anonymous · ‎03-26-2008

MsKiwi wrote:

Question for you Happy Days......... They have to furnish me the amount they paid for the debt? Very interesting, I never noticed this part before while reading DV letter examples. Thank you!

"Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff's debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt."

No they do NOT! unless you file suit then when asked they will.