General Credit Topics

[jsk300]

Does anyone have a really good debt validation follow up letter that I could send if a CA has not replied to my first request.  The CA is Midland Funding.  They were removed from my EX report when I disputed with them, but still remain on my TU and EQ reports.  Do I need to tell TU/EQ that Midland has not provided validation and that they are to be deleted from my CR?   Thanks for all your help Fico Friends!

[jsk300]

Bueller??   Bueller?

[HappyDays]

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jsk300 wrote:

Does anyone have a really good debt validation follow up letter that I could send if a CA has not replied to my first request.  The CA is Midland Funding.  They were removed from my EX report when I disputed with them, but still remain on my TU and EQ reports.  Do I need to tell TU/EQ that Midland has not provided validation and that they are to be deleted from my CR?   Thanks for all your help Fico Friends!

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If the CRAs have closed the dispute as *verified*      dispute again and send copy of the DV letter  copy of the CERT.paper  and copy of the GG.     Tell the CRAs that they did not validate per federal law and can not legally verify the debt!   delete

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 only

[2Bfree]

HappyDays, do you know how long the CA have to report after you send them a follow up debt validation letter when they do not response to the first letter?  I all so sent Midland a DV which expired on 2/23/08 and sent a 2nd DV follow up on 2/26/08 and I still have not heard from Midland.  I know the OC is BK out of business and was removed from my report do to the CRA could not verify the debt.  Should I go ahead and sent all my copies of what was returned by the Post Office? Letter returned to OC and Miland.  Or should I wait the additional 30days from the 2/26/08 before contacting Equifax?