@2b2rich wrote:
@BGMWPD320 wrote:
It's Midland Credit Management and they are reporting to the CRAs. They do have a current surety bond in Texas. I requested validation on those exact things you listed and specified it was a request under the Texas Finance Code.
If it were me, I would write them a simple ITS letter pointing out how you exercised your rights for validation of those things under the Texas finance code, and that a letter stating they feel it is accurate is not an acceptable validation, and by continuing to report this to the CRAs is continuing to actively attempt to collect on the debt, which is a violation under the TFC and that they have x amount of days to either provide you with acceptable validation, or remove from the CRAs and cease collection activity or you will sue. I would also cc the insurance company on record as holding their surety bond.
It sounds to me as though they can't validate this or they would have. If they are playing bluff with you and continuing to actively attempt to collect on this debt and report it to the CRAs, they're in violation of TFC and you can sue. If you win, that insurance company holding their bond isn't going to be happy.
that's just me though.
@2b2rich wrote:
@BGMWPD320 wrote:
It's Midland Credit Management and they are reporting to the CRAs. They do have a current surety bond in Texas. I requested validation on those exact things you listed and specified it was a request under the Texas Finance Code.
If it were me, I would write them a simple ITS letter pointing out how you exercised your rights for validation of those things under the Texas finance code, and that a letter stating they feel it is accurate is not an acceptable validation, and by continuing to report this to the CRAs is continuing to actively attempt to collect on the debt, which is a violation under the TFC and that they have x amount of days to either provide you with acceptable validation, or remove from the CRAs and cease collection activity or you will sue. I would also cc the insurance company on record as holding their surety bond.
It sounds to me as though they can't validate this or they would have. If they are playing bluff with you and continuing to actively attempt to collect on this debt and report it to the CRAs, they're in violation of TFC and you can sue. If you win, that insurance company holding their bond isn't going to be happy.
that's just me though.
How does this response to their lack of validation look?
Midland Funding
P.O. Box 939069
San Diego, CA 92193
Account Reference: ***********
To whom it may concern,
On August 1st, 2015, I mailed Midland Funding a letter requesting debt validation per the Texas Finance Code. My records show that Midland Funding received the DEBT VALIDATION letter on Tuesday, August 4th, 2015. On August 18th, 2015, I received a letter from Midland Funding stating that the status of the account would be changed to “disputed” with the three major credit bureaus but further stated that “After reviewing he information you provided, as well as our account notes, and information provided by the previous creditor, we are unable to determine the nature of your dispute, and consequently deny that our records are inaccurate. We will be closing our investigation of your dispute and resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.” The original correspondence was not a dispute but rather a debt validation letter pursuant to the Texas Finance Code.
My original correspondence requested specific information be validated per the Texas Finance Code. If Midland Funding does not validate the specific information and continues to to actively attempt to collect on the alleged debt, which includes reporting the debt to the three major credit bureaus, it is a violation of the Texas Finance Code. If Midland Funding does not cease actively attempting to collect the alleged debt on/before September 3rd, 2015, which is 30 (thirty) days from Midland Funding's receipt of the original correspondence, I will file a complaint with the Texas Attorney General, the Consumer Financial Protection Bureau, and the Better Business Bureau. I will also contact legal counsel for possible civil remedies.
I have provided a copy of my original correspondence and a copy of Midland Funding's response with this letter.
Regards,
