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Need Help! Please

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Anonymous
Not applicable

Need Help! Please

Back in January 11th of 2008 Midland Credit Management( out of San Diego) sent me a settlement letter for and old debt I owed to FCNB Spiegel CC. On January 23,2008 I sent them a debt validation letter certified mail of course and got back the signature card about 5 days later. I never heard back from them until yesterday Oct 4th., 9 months after I DV'd them.
They sent me a letter saying the following: Per your request enclosed are the documents for the above referenced-account.
Midland Management is requesting an immediate payment of balance in full. Upon receipt of payment and clearance of the bank we will report a "paid" status on your Credit Report. Please call us so we can discuss this matter further.
along with a copy of a bill ( if you can even call it that) with the charge off amount. All it had was the amount owned- no copy of ownership of account or nothing else.

That is all they sent me. This to me does not seem like proper Validation even after all the months it took them to mail it to me


I checked my Credit Report it has there from Spiegel 30 days late has of Oct 2005, 60 days late Nov 2005 and finally that it was charged off as of Mar.2006 for 2,500.00.

Should I send them a 2nd DV letter asking for Proper Validation? Seeing that this account is getting close to SOL do you think they will try and Sue me now. I live in California and i know it's 4 yrs over here.

Any feedback will be much appreicated. Thank You.
Message 1 of 8
7 REPLIES 7
laz98
Senior Contributor

Re: Need Help! Please

9 months!  That must be some new kind of record!  Smiley Very Happy

 

No, it does not sound like proper validation, from what I have read on these forums.

 

Also from what I have learned here, Midland likes to sue people close to SOL.  I guess because most people will panic when they hear "lawsuit" & just pay up.  (I am trying to avoid having them sue me myself.  But I made the mistake of making a payment & resetting the SOL Smiley Sad

 

Depending on exactly how much time you have left to dodge lawsuits (I'm bad at figuring this, but it looks like you still have about a year), you might want to just wait them out.

Message 2 of 8
llecs
Moderator Emeritus

Re: Need Help! Please

Per the FDCPA, if they included the OC name, address, and balance owed, then they properly validated. There is no federal law that requires them to reply with more info. Now some states have their own requirements so YMMV.

Message 3 of 8
Anonymous
Not applicable

Re: Need Help! Please

I used to read this forum everyday, all day about a 2 years ago.  The DV letters that a lot of members were using as a template clearly stated they needed to show a valid signature.  I also remember reading that they had to DV within 30 days.  Is none of this the case?  I just had an CA send some typed up paperwork for a medical collection 1 year after I asked for a DV.  It is clearly typed, no signature, something that I could do at home.  Are you saying it's valid? Just curious because I don't remember going to the er at that time.
Message 4 of 8
Junejer
Moderator Emeritus

Re: Need Help! Please


nfg wrote:
I used to read this forum everyday, all day about a 2 years ago.  The DV letters that a lot of members were using as a template clearly stated they needed to show a valid signature.  I also remember reading that they had to DV within 30 days.  Is none of this the case?  I just had an CA send some typed up paperwork for a medical collection 1 year after I asked for a DV.  It is clearly typed, no signature, something that I could do at home.  Are you saying it's valid? Just curious because I don't remember going to the er at that time.
No, you're right. They have 30 days to validate, if they are going to report. They don't have to validate at all, but then they can't report. They can't have it both ways.






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Message 5 of 8
Anonymous
Not applicable

Re: Need Help! Please

So if a CA is already reporting on your credit report then they must validate within 30 days right?  What happens if they finally send you something after 1 year and it doesn't have your signature on it, it only looks like something that can be printed up on a home computer?
Message 6 of 8
Junejer
Moderator Emeritus

Re: Need Help! Please

If they are going to report on you, then they have to validate. Unfortunately, far too many of them get away with it and the CRAs do nothing about it. It sucks, but you have to hang in there. On the one CA that I had (boy it was a nightmare, they just kept coming back after my disputes got them off--pre myFICO days), I sent them a DV letter (also pre myFICO) and they finally succumbed and sent me a dunning letter to clear it all.

I wouldn't take that garbage from them. Either they can prove that they have a right to collect from you or they must go away.






Starting Score: 469
Current Score: 819
Goal Score: 850
Highest Scores: EQ 850 EX 849 TU 850
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Message 7 of 8
Anonymous
Not applicable

Re: Need Help! Please

thanks

 

Message 8 of 8
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