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guiness56
Posts: 22,408
Registered: ‎01-17-2008
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Re: Midland finally responds

Some of this is intermingled with the FDCPA.

 

Surety bond info is a different code but is required.

 

392.202 specifically states the amount of the debt is disputed.....they have to tell you how they came up with the amount they say you owe vs the original amount.

 

The other 2 I am not 100% sure on.  I found this info on an attorneys web site.

 

I am still looking at the codes to see what I can find.

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Shokk
Posts: 364
Registered: ‎06-21-2013
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Re: Midland finally responds

Thank you once again, guiness.  Anything you find would be great.  Maybe I'm just not searching correctly, but I haven't been having much luck.

I don't know my start scores, but low 500s. 6/13

8/13/13
EQ FAKO - 578 -- 8/28 - 596 FICO - 9/3 - 641
EX FAKO - 633 -- 8/28 - 652 2/22 - 668 (FICO)
TU FICO - 621 -- 8/28 -645 3/12 - 644 6/3 - 670
Frequent Contributor
Shokk
Posts: 364
Registered: ‎06-21-2013
0

Re: Midland finally responds


guiness56 wrote:

 

392.202 specifically states the amount of the debt is disputed.....they have to tell you how they came up with the amount they say you owe vs the original amount.

 



I'm not even seeing this.  I did see a post on another forum stating only an answer was required.  What constitutes validation isn't covered by TFC..  What I have been able to gather is that they do need to provide orginal debt amount, and if higher, how they reached that amount, but may not have to do so unless a suit is filed as I see nothing about this in 392.202.

 

That begs another question.  TFC 392 states they must perform an investigation, but doesn't state what "investigation" means.  What's to keep them from sitting on the letter for 3 weeks, doing nothing, and then saying they investigated?  One of the debts Midland owns is from a Sears/Citibank account.  This account was deleted by all 3 bureaus after disputing.  If they didn't respond to CRAs, do you really think they responded to an investigation from the CA?  Do they have to contact the OC as part of the investigation?  I realize I probably need to speak to an attorney at this point.  Didn't want to do that unless someone filed suit.  All but 3 accounts are out of SOL.

 

I will mention that NONE of the DV responses have listed the original amount.

I don't know my start scores, but low 500s. 6/13

8/13/13
EQ FAKO - 578 -- 8/28 - 596 FICO - 9/3 - 641
EX FAKO - 633 -- 8/28 - 652 2/22 - 668 (FICO)
TU FICO - 621 -- 8/28 -645 3/12 - 644 6/3 - 670

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