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Midland DV??

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ramrod
Established Member

Midland DV??

I have been waiting close to a month for midland to DV a collection account for 1455. I'm ready to settle and move on. Should I keep waiting for the DV or make offer to PFD?

Message 1 of 5
4 REPLIES 4
NWintellectual
Regular Contributor

Re: Midland DV??


@ramrod wrote:

I have been waiting close to a month for midland to DV a collection account for 1455. I'm ready to settle and move on. Should I keep waiting for the DV or make offer to PFD?


What is the DOFD/roll-off date? Second, what state are you in?

 

I've not heard too much luck with Midland PFDs but you might have better results searching for the Midland 623 method (especially if they are updating monthly, have a "past due" notation and the account terms are "1 month").

Starting Score (2/15/14): TU 533 (myFICO) | EQ 509 (myFICO)
Latest score (4/5/14): TU 541 (Lender) | EQ 562 (SW) | EX 576 (myFICO)
Goal Score by 9/30/14: 620+ | Goal Score by 6/30/15: 700+
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Message 2 of 5
ramrod
Established Member

Re: Midland DV??

I'm in Michigan and I believe DOFD is 2012.

Message 3 of 5
NWintellectual
Regular Contributor

Re: Midland DV??

Eek. So you are within SOL regardless of the state. If you just want it gone but potentially have to deal with an unpaid debt and possible legal action, try the 623 process some have had prior successes with. Another tactic might be to negotiate a settlement then apply the 623 dispute after the fact just so they can't sue you.
Starting Score (2/15/14): TU 533 (myFICO) | EQ 509 (myFICO)
Latest score (4/5/14): TU 541 (Lender) | EQ 562 (SW) | EX 576 (myFICO)
Goal Score by 9/30/14: 620+ | Goal Score by 6/30/15: 700+
-----
My wallet:
US Bank LanPass Secured $500 | US Bank HD Secured $300 | Fingerhut $200 | Local CU $1000
Message 4 of 5
RobertEG
Legendary Contributor

Re: Midland DV??

If you send a timely DV, its impact is to impose a cease collection bar on the debt collector until such time as they choose to provide the requested debt validation.

They have no period in which they must validate, and in the interim, they cannot negotiate a settlement or PFD with you due to the cease collection bar.

 

So you are in a state of limbo that only they can remove, unless you simply send payment in full, with no conditions of negotiation.

You would have to either wait for their response, or rescind your DV request if you wish to negotiate with them.

 

However, if your DV was not timely, meaning it was sent more than 30 days after their dunning notice, it imposed nothing on the debt collector, and was simply an informal request that they chould choose to ignore.  They could, if still within SOL, choose to initiate legal action.

 

The recommendation to send them a direct dispute under FCRA 623(a)(8) would require documentation of some inaccuracy in reporting on their part.

Unlike a DV, which does not reqquire any documentation of an error, a dispute imposes that initial burden, so should not be sent if you have no basis for shwoing of an inaccuracy.

While a direct dispute would impose a 30-day period for their response, they could simply state that they verify whatever your dispute, thus concluding the dispute.

 

Settling and then sending a direct dispute makes no sense to me.

If you have a real issue, you would resolve it before paying the debt.

 

 

 

 

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