Quick question. If I send Midland a DV, (it's within the 30 days), they must cease their collection, right? Is that the same thing as removing from my credit reports until they validate, or are they allowed to continue reporting the collection on my reports, and just barred from contacting me about the collection?
I have included my letter below. If there is any language that may need corrected, please let me know.
To Whom It May Concern:
There is a collection debt from Midland Credit Management of $436 on my credit reports at all three credit reporting agencies. The date of first delinquency of this debt is February 2009. Thus, being a resident of the state of Virginia, where the statue of limitations is either 3-5 years, depending upon interpretation, this debt is beyond that statute and is not collectable in court.
Furthermore, this collection was added to my credit report in January 2014 without written notice. While reporting before mailing a dunning notice is not illegal, FTC advisory opinions and case law has interpreted reporting to a credit reporting agency as an act ("initial communication") that triggers dunning notice requirements under section 809(a) of the FDCPA.
Therefore, Midland is currently illegally reporting a collection on my credit report by violating my right to timely address the impact of this collection within 5 days of their "initial communication." The aforementioned communication took place in January 2014 when Midland began reporting to Equifax, Transunion, and Experian. One of the primary intents of FDCPA 809(a) is to ensure that consumers are timely aware of collection activity so that it can be addressed promptly. By reporting this collection without informing me in a timely manner, Midland is effectively in violation of the FDCPA.
Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed, validation is requested, and collection activities must cease until the time that you are able to validate the debt.
Furthermore, if the debt is validated, I am willing to make a payment for the full amount listed as "Past Due" ($436) IF Midland will agree to delete this derogatory collection and any associated negative reporting regarding this collection from all three credit reporting agencies (TransUnion, Equifax, and Experian). This offer to pay for deletion is in no way an admission that the debt is mine. It is merely an offer to pay Midland for prompt deletion of this collection from my credit files.
Should Midland validate the debt, please reply via postal mail on company letterhead stating that you will delete all negative information from each credit reporting agency upon remittance of payment for the full balance listed; $436.
Thank you for your time and consideration.
