03-13-2011 12:33 PM
Hey all ~
I'm embarking on a credit recovery mission and in doing so have sent out a couple of DV's & a couple of PFDs - one of which was to everyones favorite MCM.
I sent a PFD to MCM, cmrrr, and the day that I received the return receipt, received a settlement offer that was dated 2 days before my PFD was dated. The amount they offered to settle for was only a dollar and change more than I had offered originally, but there was no mention at all of removing the information from my CR ~ only that they will consider the amount "paid in full"
A few days later I received another letter from MCM requesting my assistance so that we may reach a quick resolution to my dispute.. No mention or reference to the PFD at all. Now I didn't aknowledge the debt as mine, and did not DV them (I know thats generally the first step - but this is the route I've decided to go) - I only stated that if I didn't receive a response in 30 days I would consider the offer to settle for a deletion refused and would begin the validation process.
I did dispute this through the reporting agencies, so I'm wondering if this is a response to that?
My question here is simply - - - what now - - wait the remainder of the 30 days I had offered? Resend the PFD, along with a copy of their settlement offer, and ask again for a written agreement to remove all information regarding this debt from the credit reporting agencies?
All suggestions/ insights would be greatly appreciated!
03-13-2011 02:50 PM
The letter your received from Midland is from the dispute, not a PFD response. I received the same from them when I disputed their reporting.
Concerning their response to the PFD, I believe you will find that they will not accept the PFD offer. If you do a search through the FICO forum, you will see a lot of posts that will say as such. Having said this, I have seen several posts stating that they will not validate a dispute once the account is settled.
Please let me know how they respond to your PFD letter though, since I am in the same spot. Good luck
03-13-2011 06:37 PM
I dont see the "threat" of beginning the validation process in 30-days to have much clout.
If they have already sent you dunning notice, which I will presume, then an DV request sent after 30-days wont invoke your right under FDCPA 809(b) to require their cessation of collection activities. They can just consider your DV to be untimely, and continue their business as usual.If you consider sending a DV, it is advised to sent it within the 30-day period set in their dunning notice.
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