Midland Funding

[Anonymous]

I have a T-Mobile account that was back from Aug 2008. It is now reporting on my credit report on EX and TU. the amount they are showing is $1,368. I sent my first validation letter and they sent me a piece of paper that had an account number, my name and an old address along with the amount due. To me this is not proper validation. What should I send back to them. This is one of my last 2 baddies. The other I'd with California Business Bureau for $931 from an old medical account back in 2006 which is due too fall of March 2013. I will let that one age as it probably has very little effect on my score. What do you guys think.

[llecs]

Based on the FDCPA, if they at least provided the OC and amount owed, then they validated properly. If you know it isn't yours then call the police and get it off via a police report. If it is yours, and you disagree with the amount owed, then contact the OC and ask for the last couple of statements. I had an old debt with T-Mobile and they were cool about past statement requests. If you agree with the debt and balance, then send a PFD.

CAs can ding your credit 20-50-70+ 'till the very end. YMMV on your credit of course. The cleaner the report, them more it hurts. I personally would want the medical CA off if they were on mine and would send a PFD. That'll clean my report sooner and avoid collections over the next several months/years. Plus if I ever needed to do biz with the OC again, then at least I would be in good graces. That's what I'd do, but whatever you choose is a personal decision and nobody can do that for you.

[RobertEG]

+1

It is most likely adequate debt verification, as the statute does not require that verification be supported by documentary evidence.  They are required to obtain verification from the creditor, and communicate that to you.

That is based on a simple reading of the statute, of which most courts have accepted as adequate verification.  But not all.  You can always assert that adequate verification does require some documentation, but to that will require you to bring legal action, and find a judge who agrees with your interpretation.

If you hold the verification to be inadequate, that alone does not give rise to any violation of the FDCPA.  It simply means you consider the debt to remain unverified.

Violation of the FDCPA would occur when they take a collection action that is in violation of their, in your opinion, still enforceable cease collection bar.

If you wish to communicate your assertion that their response is inadequate, then I would simply give your reasons, and inform them that you consider them to still be under an active cease collection bar.