Please Help! Letter Needs to go out in a few hours

[Changingmantra]

Helloooooooooooo,

This is about Midland.  I started rebuilding early this year.  Saw Midland all over my CRs .. in some places reporting as a revolving line of credit.  Do not ever remember getting any notices from them and I did not try to contact them.

Finally, got a notice from their attorney last month dated 7/30... This was the Attorney office named in a class action suit agains Aspire Visa at the time I had an AV account.   In checking one of my CR, I see that AV is supposedly the OC of the Midland account.  I have tried to contact AV several times.  In one incident I was told that the account was sold to another company other than Midland.  In another, I was told that my account information was blocked out and the CSR could not access it.

I have this letter from the attorney and I need to get my response out today.  I did not have a chance to DV Miland, but want to make sure it is ok to DV their attorneys.  This letter says that my case has not been assigned to an attorney, it is an attempt to collect a date, and that "if disputed, we will obtain verification of the debt or a copy of the judgment against you and mail a copy of such verification to you.  Upone your written request within the 30 day period, we will provide you with teh name and address of the original creditor, if different from teh current creditor."

I look at this as my chance to fight this.  I do not think they can provide any of this information.  I just did not know how to proceed in the future because I did not know how long ago Midland had actually sent me a letter, if they ever did.

Is it ok to send out the following letter... Certified of course.. I have had this letter since 8/2 or so.. so I need to get it out tonight.

Thanks

Dear Sir/Madam:

I am in receipt of your letter dated July 30, 2008 stating that you can provide validation of my owing a debt of $943.58 to your client, Midland Funding. I have become aware that your client has been reporting this debt to the three major crediting reporting agencies, in some cases as a revolving line of credit that is accruing interest.

Per the offer in your letter, and in accordance with § 809 of FDCPA, send me validation of this debt within 30 days, inclusive of proof of my having entered into a revolving line of credit contract with Midland Financial and all other requisite validating information.

Thank You,

Message Edited by Changingmantra on 08-30-2008 02:44 PM

Message Edited by Changingmantra on 08-30-2008 03:43 PM

[Anonymous]

I have delt with Midland inthe past.  I would strongly advise you that your letter needs to be more detailed than what you've posted thus far.  In addition, you may want to check with your state to see if they are licensed or bonded to collect.  That was how I hung them, in the State of Florida they cannot collect because they must be licensed to do so.  As a result, they immediately deleted from all credit reporting agencies.

[Anonymous]

Miss 1975, please advise me how to check and see if Midland is licesnsed or bonded to collect in Texas. I am new to myfico (just registered today) after reading the forum for 3 weeks-addicted to this site! I have learned soooooo much by just reading and decided today to register to ask some questions. My credit is shot-seriously, but I have been working on re-establishing my husbands so we can buy a house soon with using just his name. I have already started the disputing process as of 8-13 and have already seen results. Experian is only one I can log on and check the status with, but they have already deleted 3 items from his report. However, I have disputed an account with Midland that is on his report and is still pending. We also have a subscription with mycreditkeepers (not sure is this is one of the fako sites) and we received an alert a few days ago--it was Midland credit reporting 2 more negatives! I have been working so hard to raise his credit scores because it would literally take 2 years to let mine settle. His scores as of Aug 2nd with mycreditkeeper are: ex 522 eq 517 tu 562, so I really need any help that I can get because I don't want to go backwards at this point, I want to go forward. Thanks for reading!

[hoping2rebuild]

For Texas:

http://ecpa.cpa.state.tx.us/coa/Index.html

[Anonymous]

Thank you hoping2rebuild for your quick response! I followed the website and entered the info andthe following pulled up:

Entity Information: MIDLAND CREDIT MANAGEMENT INC
8875 AERO DR STE 200
SAN DIEGO, CA 92123-2255
Status: IN GOOD STANDING NOT FOR DISSOLUTION OR WITHDRAWAL through November 17, 2008 Registered Agent: Not on file Registered Agent Resignation Date: State of Formation: KS File Number: 0010076080 SOS Registration Date: Not Registered Taxpayer Number:

14805817336

.............so I guess this means that they are allowed to collect in the state of Texas??? I am new to all of this but what I gather is since this came up, then I can't have it deleted as Miss1975 did in FL? Is that correct? Any advise/help is greatly appreciated!

[Changingmantra]

Well,

I sent that letter to Midland's attorneys.  I was actually happy to get it because I was looking for a window to make them verify this account, which I know they cannot anyway.  They signed for the letter on 9/3, but I have not heard from them.  I have to figure out how to proceed next.  They are a major thorn in my side and on my credit report.  Anyone have any ideas of what I should do next?

[RobertEG]

The CA must send you a formal letter stating their CA status within 5 days of any collection activity, and advise you of your "mini-MIranda" rights to DV them within 30 days.  Have you received this formal letter from the CA?

That is critcal.  Dont DV until they have noticed you.

[Anonymous]

I'm not sure why wait.

If I become aware of collection activity (reporting or an inquiry IS colllection activity) and I don't receive status letter within 5 days of the event (whether reporting or inquiry), I can certainly stick the CA with both a DV and a violation of the FDCPA - by reporting or inquiring, not only they have started collection activity, but they also started hurting my credit score.

They only caveat would be if the debt is still within SOL - I'm not sure (yet - investigating) what the CA can and cannot do if they (and authorities) are notified of the FDCPA violation. Better, I'm not sure what is the best stick to hit them with in court if they sue.

[Anonymous]

Send a copy of the DV letter  copy of the GC and cert.paper along with this letter to all CRAs reporting

Read it and make all changes needed

Your Name
Address
City, State Zip
 

TU/EX/EQ
Address
City, State Zip

DATE

RE: Account #_________/Original Creditor’s Name

Dear CRA:

This is a request for deletion of a disputed item. I have attempted to have this allleged debt

verified by the alleged creditor and collection agency to no avail. I am respectfully requesting that

"Collection Agency" do what is legally mandated by the FCRA and FDCPA, and delete the account listing.

Name of Creditor/Agency, Account #_________

On XX XX 08, "Collection Agency" received a demand for validation from me. Attached is a copy of that letter along with the U.S. Post Office return receipt showing they did indeed receive the request.

As of today, XX XX 2008, they have failed to provide any proof or respond in any way.

On XX XX 08, I sent a second letter. Again, I have received no response. Attached is a copy of the

letter and the U.S. Post Office showing they did receive that letter.

The FDCPA states they must cease collection activity until they have produced verification of the

alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which

they obviously have done illegally. It is quite evident that no such proof of this alleged debt exists

or they would have provided it in the previous X months since it was requested.

Also, when an alleged debt is disputed, a notation must be entered on the debtors report showing the

item as in dispute. Again, this was not done. Another violation of the FDCPA. (DELETE THIS PARAGRAPH IF IT DOES NOT APPLY!!)

As per the FCRA, if no proof of debt exists, it may not be reported to the credit reporting bureaus.

The FCRA also states that the credit reporting agencies must accept written proof from the debtor.

Therefore, I am not asking for an investigation to be done, I am requesting that the entry be deleted

in its entirety as there is no proof of its existence as evidenced by my attached documented proof.

Sincerely,

Your Name

typed only

[Changingmantra]

Robert,

I do not have any letters from Midland on this account.  This does not mean that I have never gotten any.  Before January of this year, I had never really looked at my credit reports... and always tossed any mail regarding a bill in the trash.  I had gone through a very rough period for many years.  This year, I started trying to regain controll.  I found this site, ordered some credit reports and found that Midland had been reporting as an installment account on some.. as a revolving account on others.  They report "past due" as of 12/07.  I know I had not gotten anything from them around that time.  It says Date of status 8/05.  

Because I did not know what to do with this, I did not disput it.. just incase they actually did send me a 30 day notice that I trashed.  When I got the letter from their attorney, I figured this was my chance to make them verify the account, per their offering.  I knew they could not, but I did not, before then, want to open a can of worms to which I did not know how to respond.  The only notice that I know for sure that I have gotten re: this account, is the one I mentioned that came from their attorney.

In New York, this account is still in SOL.  Only one CR says that Aspire Visa was the OC.  I have tried many times to contact them, but have not gotten much info. on the account.  At around the time I did have this account, Aspire was sued by the State of New York.

Message Edited by Changingmantra on 10-12-2008 02:10 PM