cancel
Showing results for 
Search instead for 
Did you mean: 

Ok i need advice!

tag
Anonymous
Not applicable

Ok i need advice!

So i sent a DV letter to Midland Funding LLC  on 10/14 CMRC for a bank of america chargeoff due to come off on 4/2015. I reieved a letter in the mail saturday from midland credit management at the same address. So, i'm guessing they changed the name of there company. I used one of the letter examples here and asked for the following:

 

 Please provide me with the following:

*What the money you say I owe is for;

*Explain and show me how you calculated what you say I owe;

*Provide me with copies of any papers that show I agreed to pay what you say I owe;

*Identify the original creditor;

*Prove the Statute of Limitations has not expired on this account

*Show me that you are licensed to collect in SC State

*Provide me with your license numbers and Registered Agent

 

The only thing i was provided was a letter stating the verified that their info was accurate and asked for the 3 cra to update as disputed. However the balance they gave me is $1,356.03 and the amt charged off was $834. How is this possible? Also, the only sent 2 copies of statements that were supposntly sent to me. Nothing showing anything i signed nor an agreement between me and BOA. Is this good enough validation for them to rereport? What should i go from here? Any and all info is greatly appreciated.

 

Message 1 of 2
1 REPLY 1
RobertEG
Legendary Contributor

Re: Ok i need advice!

In my opinion, they met the minimum requirements for validation.

They are required to investigate and provide a finding they they have obtained adequate information to verify.

Their is no statutory requirement to provide documentation, and certainly no basis for requiring them to prove whether you have an SOL defense.

 

As it stands, they apparently consider their response to be adequate.

The impact is that, at least in their opinion, they no longer consider themselves to be under a cease collection bar.

 

Should you feel that their response does not constitutue adequate validation, it is not itself a violation.  It is a lack of adequte validation, at least from your perspective.

Thus, if and when they continue any active collection on the debt, you could then assert a violation of what you consider to still be a cease collection bar.

 

Your assertion could be by way of complaint to the CFPB, or by bringing civil action, and thus getting the decision of the court.

Message 2 of 2
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.