Non validated now in collections Midland

[Anonymous]

Hi-
When I started my credit repair journey I saw I feel things on my report. Specifically a credit one debt that had been sold to midland and was in collections.
I reached out to credit one and they deleted bc they were not able to validate or say that it belonged to me.
I send Midland a letter explaining this, asked for debt validation, and requested proof that they are licensed debt collectors in Massachusetts. It's been over 30 days, and I haven't heard anything back. I sent certified mail. I would like to have Midland removed since they are my only account in collections and it's been on my credit report for 9 months when I had no knowledge of any debt. Any advice?!

[gdale6]

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@Anonymous wrote:
Hi-
When I started my credit repair journey I saw I feel things on my report. Specifically a credit one debt that had been sold to midland and was in collections.
I reached out to credit one and they deleted bc they were not able to validate or say that it belonged to me.
I send Midland a letter explaining this, asked for debt validation, and requested proof that they are licensed debt collectors in Massachusetts. It's been over 30 days, and I haven't heard anything back. I sent certified mail. I would like to have Midland removed since they are my only account in collections and it's been on my credit report for 9 months when I had no knowledge of any debt. Any advice?!

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If you have sent the DV within the first 30 days of them receiving the collection they cannot continue collection efforts until such time as they do validate but there is no law that says they have to validate. Since this isnt yours I would just move in another direction and have it removed from your CRs using the ID Theft laws afforded you in the FCRA.

http://ficoforums.myfico.com/t5/General-Credit-Topics/Victim-of-Identity-Theft-What-To-Do-to-Protect-Yourself/td-p/2059499

[RobertEG]

When you contacted the OC, they then deleted.

Their is no debt validation procedure with a creditor and your requst for validation was informal.

Why they deleted is known only to them, homever I would speculate that it was because they had sold the debt to the debt collector, and thus wished to simply remove any further need to deal with any credit reporting issues.  It was a voluntary deletion on their part, and not evidence of lack of validity of the debt.

The subsequent debt validation requiest sent to the debt collector thus does not have any prior showing of lack of validity of the debt.

The debt collector has no requirment to send validation, and no period in which they must reply.  They can simply choose to discontinue any collection activiteis until such time as they choose to send validation,  There is no violation on their part based on lack of validation.

As suggested by gdale, if you are willing/able to put your assertion that the debt is not yours into the form of a sworn police report, then you can send the police report to the CRA and get the collection blocked from your credit report under the provisions of FCRA 605B.