04-27-2012 04:21 PM - edited 04-27-2012 04:24 PM
Midland Collection Management is currently listed on my credit reports attempting to collect a debt that I do not owe T-Mobile. I DV'ed and disputed with the CRAs and it came back verified. Last week I sent MOV letters to both MCM and T-Mobile asking how they verified the account. Today, I recieved a letter from T-Mobile stating that they have no record of my account, and apologized that they couldnt help with my inquiry. I have not yet heard back from MCM, but the fact that T-Mobile doesnt even have a record of me owing a debt is a good sign, right?
What shall I do next in this process? Thanks!
04-27-2012 04:50 PM
First, MOV requests are only provided for under the FCRA when directed at a CRA. There are no provisions for requring a creditor or debt collector to provide a description of the procedure they use in their verification. FCRA 611(a)(6)(B)(iii) and 611(a)(7). So your MOV letters really carry no clout.
If the debt collector provided verification of your DV request, that is their statement that they "obtained" verification from the creditor, and passed it along to you.
If the creditor is now stating that they cannot verify, there is an apparent disconnect.
Where to go with that is a bit unclear. You can challenge the adequacy of their debt verification based on your statement from the creditor that verification could not be provided to you, and thus it appears that they did not obtain verification from the creditor, as required under FDCPA 809(b).
It would be very interesting to see how the debt collector would respond to that challenge......
04-27-2012 05:09 PM - edited 04-27-2012 05:12 PM
Yeah I figured it wouldnt hold much clout, but I figured that it wouldn't hurt to ask what exactly they sent to the CA to verify.
Thanks for the reply. I'll follow up with MCM with the new information and see where it goes.