Midland DV!!!!

[faithincredit]

To whom it may concern: 
 
Please note that that this is not a refusal to pay off the account, but a notice sent as per the Fair Debt Collection practices Act, 15 USC 1692g Sec. 809 (b). The notice states that your claim is disputed and validation of the account is required. 
 
This notice is not a request for verification of the account or proof of my mailing address, but a request for validation made pursuant to the FDCPA laws. I humbly request that your agency/office sends me valid proof that I am legally obligated to pay you. 
 
Please provide me with the below mentioned things: 
* The amount you claim I owe you 
* Explain and show me how you have computed the amount 
* Send me the copies of any documents that prove I agreed to pay the alleged amount 
* Identify the original creditor 
* Confirm that the account has not crossed the SOL period 
* Prove that you're a licensed debt collector 
* Show me your license numbers and registered agent.  
 
I would like to inform you that in case your agency has reported invalidated account information to any of the 3 main Credit Bureau's such as TransUnion, Equifax, Experian, then it will be regarded as a fraudulent action under both the federal and state laws. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons: 
* Violation of the FCRA 
* Violation of the FDCPA 
* Defamation of character 
 
If your agency can provide me with the requested documents, I will need minimum 30 days to investigate this information, and during this period of time, all collection activities must be stopped. 
 
I would like to further inform you that if any action is taken (during the validation period) which could be regarded as detrimental to any of my credit reports, then I will seek advice from my attorney for lawsuit. This includes listing any information on a credit report that could be incorrect or invalidated, or confirming an account as correct when in fact there is no provided proof that it is. 
 
If your agency/company fails to respond to this debt validation request within a period of 30 days from the date of your receipt, then the account information must be completely deleted from my credit report, and a copy of such deletion request should be sent to me at once. 
 
I would also like to request, in writing, that no calls should be made by your agency or company at my residence or work place. If your agency attempts to make unlimited or computer generated calls to me or any third parties, then it will be considered harassment, and I will have no option but to file lawsuit. All future communications with me should be done in writing and sent to the address mentioned in this letter. 
 
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. 
 
Sincerely,

Is this too hostile?

[Anonymous]

"Please provide me with the below mentioned things: 
* The amount you claim I owe you 
* Explain and show me how you have computed the amount 
* Send me the copies of any documents that prove I agreed to pay the alleged amount 
* Identify the original creditor 
* Confirm that the account has not crossed the SOL period 
* Prove that you're a licensed debt collector 
* Show me your license numbers and registered agent."  

Much of this is simply not required by FDCPA. In fact, FDCPA makes no specific validation requirement. Courts, however, have established that validation is no more than providing information on the original creditor, and the original amount of the debt, minus interest and collection fees.

"I would like to inform you that in case your agency has reported invalidated account information to any of the 3 main Credit Bureau's such as TransUnion, Equifax, Experian, then it will be regarded as a fraudulent action under both the federal and state laws. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons: "

Mistakes and data errors are not considered fraud under the law, nor are they violations of FDCPA or FCRA. They (the CA's) are required to correct mistakes and errors when they are made aware of them. Failure to make such corrections may be considered a violation.

"If your agency/company fails to respond to this debt validation request within a period of 30 days from the date of your receipt, then the account information must be completely deleted from my credit report, and a copy of such deletion request should be sent to me at once."

FDCPA has no such requirement.

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Yes, its too hostile for a DV under FDCPA. IMHO.

If you are in Texas, the requirements under the Texas Financial code are much stricter than FDCPA.

[faithincredit]

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@Anonymous wrote:

"Please provide me with the below mentioned things: 
* The amount you claim I owe you 
* Explain and show me how you have computed the amount 
* Send me the copies of any documents that prove I agreed to pay the alleged amount 
* Identify the original creditor 
* Confirm that the account has not crossed the SOL period 
* Prove that you're a licensed debt collector 
* Show me your license numbers and registered agent."  

Much of this is simply not required by FDCPA. In fact, FDCPA makes no specific validation requirement. Courts, however, have established that validation is no more than providing information on the original creditor, and the original amount of the debt, minus interest and collection fees.

"I would like to inform you that in case your agency has reported invalidated account information to any of the 3 main Credit Bureau's such as TransUnion, Equifax, Experian, then it will be regarded as a fraudulent action under both the federal and state laws. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons: "

Mistakes and data errors are not considered fraud under the law, nor are they violations of FDCPA or FCRA. They (the CA's) are required to correct mistakes and errors when they are made aware of them. Failure to make such corrections may be considered a violation.

"If your agency/company fails to respond to this debt validation request within a period of 30 days from the date of your receipt, then the account information must be completely deleted from my credit report, and a copy of such deletion request should be sent to me at once."

FDCPA has no such requirement.

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Yes, its too hostile for a DV under FDCPA. IMHO.

If you are in Texas, the requirements under the Texas Financial code are much stricter than FDCPA.

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@NormanFH Do you have a copy of a better DV letter?  I just copy and pasted this from a website.  

[Anonymous]

Yeah, there's plenty of websites promoting these kinds of DV letters.

Keep it simple, IMO. First off - understand the reason and proper use of a DV. Its not recommended to DV valid items. A DV serves to stop collection activity on an item that is questionable - I.E., The amount is excessive, you don't recognize it, it was previously paid, etc - giving you time to investigate and figure out the best course of action. Thats really all its for. A DV must also be 'timely', meaning it has to be sent within thirty days of receiving an initial dunning notice. Beyond that time period it holds no legal restriction on the CA, should they choose to ignore it.

There is no need for the extensive legalese and threats - save those for when it REALLY counts. Simply state that you do not recognize the account in question, and are requesting debt validation under FDCPA. They will know what you mean and what is required. If they don't, they won't remain in business for very long.

If an item you are requesting validation on has not been reported yet, they are not allowed to report it until they provide you with validation. If its already been reported, they cannot update the reporting until they provide validation.

[gdale6]

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Debt-Validation/m-p/7133

[Anonymous]

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@Anonymous wrote:

Yeah, there's plenty of websites promoting these kinds of DV letters.

Keep it simple, IMO. First off - understand the reason and proper use of a DV. Its not recommended to DV valid items. A DV serves to stop collection activity on an item that is questionable - I.E., The amount is excessive, you don't recognize it, it was previously paid, etc - giving you time to investigate and figure out the best course of action. Thats really all its for. A DV must also be 'timely', meaning it has to be sent within thirty days of receiving an initial dunning notice. Beyond that time period it holds no legal restriction on the CA, should they choose to ignore it.

There is no need for the extensive legalese and threats - save those for when it REALLY counts. Simply state that you do not recognize the account in question, and are requesting debt validation under FDCPA. They will know what you mean and what is required. If they don't, they won't remain in business for very long.

If an item you are requesting validation on has not been reported yet, they are not allowed to report it until they provide you with validation. If its already been reported, they cannot update the reporting until they provide validation.

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Midland is the worst. More than likely your letter will be scanned into their system and read by an offshore analyst who will send you a response that "not enough info is provided to determine your account information".

Check your state's debt collection laws as well. That is how I had Midland removed. Try to get the OC to recall the account if at all possible. Good luck.