No credit card required
Browse credit cards from a variety of issuers to see if there's a better card for you.
I had a charge off with GE CAPITAL about 3 or 4 years ago that was bought out by Midland. I was looking over my 3 credit reports today and noticed that the GE CAPITAL tradeline has disappeared off of all 3 and now its just Midland thats remaining. Funny thing is...a couple of weeks ago I recieved a pre qualified Walmart card offer from GE capital. My questions are : does that mean my collection has been purged off my credit report AND with GE capital directly? And should I try to dispute the MIDLAND reporting on my credit on the basis GE Capital MAY NOT have any record of it??? Help!!!
I wouldn't dispute. Send Midland a DV letter.
Do you or anyone have a good dv letter template?
Simple and short.
You are reporting an alleged debt, account# ________. Please validate per FDCPA 809.
Awesome will try it!
Question I was reading FDCPA 809 and pretty much when validating a debt the Collection Agency only have to provide the name of the OC and an address..
They don't have to prove that the account really belong to you.. Am I reading it wrong?
Thanks
No, you are not reading wrong. The only thing that the CA is obligated to provide is the OC and address of OC.
@becauseican wrote:Question I was reading FDCPA 809 and pretty much when validating a debt the Collection Agency only have to provide the name of the OC and an address..
They don't have to prove that the account really belong to you.. Am I reading it wrong?
Thanks
To me, this is where the point were validation vs verification gets sticky.
809 (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
If you simply ask for validation, that's all you're going to get. If you state that its disputed, I would expect verification. Unfortunately with Midland, its probably going to take a judge to get actual verification. The problem with the 809b is that there is liberal use of the word OR and not enough of the word AND. Midland is a very tough nut to crack. I've tried BBB and complaint with the CFPB against Midland to no avail.
Unless you live in a consumer friendly state like Texas, it is extremely important for those DV requests to be timely.