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Received response from DV-whats the next step

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Anonymous
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Received response from DV-whats the next step

I received two responses from Portfolio Recovery Associates and on one of them it didn't help me at all.  This is what they wrote:
 
We are in receipt of your recent request for additional information pertaining to the account referenced above.
Original Creditor: Midland Credit Management/Columbus Bank and Trust
Original creditor address: 210 Central Ave.
Account holder name: (my name is listed)
Account holder address: (my old address)
Date of the loan: 3/1/2006
Account holder last 4 SSN: (my last 4)
PRA purchased account: 6/14/2007
The current outstanding balance is : $746.87
 
My problem is I've never heard of Midland Credit Management/Columbus Bank and Trust.  Im not sure what to do next. 
 
The other account they submitted to me is mine so I want to PFD.  The current balance is $605.66.  Can I offer a settlement amount and if so how much?
 
Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: Received response from DV-whats the next step

Gingergirl,
 
The letter they sent you is not FULL MEDIA VALIDATION!!!   What type of DV letter did you use??  What did you ask for???   I would not offer any type of payment on an account that is not mine!!!!
 
 
In response to the account that IS yours, I wouldn't offer partial settlement unless they agree that account is satisfied in full, and will be deleted completely from CR's, and remaining balance cannot be resold or transferred to another CA. Many CA's will resell remaining balances, and you still end up dealing with it at a later date.
 
I think you should PIF if they agree to delete, that way you know they can't resell or tranfer.
 
 
 
Try using this letter.
 
Send CMRRR ONLY, KEEP ALL COPIES, DO NOT SIGN ANYTHING, TYPED OR PRINTED NAME ONLY!!

ONLY GIVE INFO AS LISTED ON CR , NO ADDITIONAL INFO



CERTIFIED MAIL #:
_______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name ONLY TYPE YOUR NAME
 
Message 2 of 6
Anonymous
Not applicable

Re: Received response from DV-whats the next step

That is the same letter that I used.  Im not going to submit an offer, because I'm not aware of the account.  I was told that Midland Credit Management is also a CRA, but they have them listed as the OC.  Can I have it deleted through the CA because Portfolio Recovery is reporting incorrect info?
Message 3 of 6
Anonymous
Not applicable

Re: Received response from DV-whats the next step



gingergirl wrote:
That is the same letter that I used.  Im not going to submit an offer, because I'm not aware of the account.  I was told that Midland Credit Management is also a CRA,
 
Midland Credit Management is NOT a CRA they are a CA!!
 
 
 but they have them listed as the OC. They are not the OC
 
  Can I have it deleted through the CA because Portfolio Recovery is reporting incorrect info?
 
Portfolio Recovery probably purchased the debt from Midland Credit Management, and if that is the case the only CA that should be reporting is Portfolio Recovery.
 
Who was the actual OC for this account??  The OC and (1) CA can report the same acct, but (2) CA's cannot report the same acct.



Message 4 of 6
Anonymous
Not applicable

Re: Received response from DV-whats the next step

That's the thing--I don't know who the OC is.  The only person that is reporting is Portfolio Recovery and they have Midland Credit Management listed as the OC, but that cant be true.
Message 5 of 6
llecs
Moderator Emeritus

Re: Received response from DV-whats the next step



gingergirl wrote:
That is the same letter that I used.  Im not going to submit an offer, because I'm not aware of the account.  I was told that Midland Credit Management is also a CRA, but they have them listed as the OC.  Can I have it deleted through the CA because Portfolio Recovery is reporting incorrect info?


Technically, based on the FDCPA anyway, they did validate. Now some states can require more if asked. It would depend which state you live in.
 
Like Portfolio, Midland is also a CA. Columbus Bank & Trust is an OC. CB&T issues CCs like Aspire and others that escape me at the moment. Do you have any CO CCs from CB&T? Sounds like there was a CO with CB&T and then it went to Midland and then to Portfolio.
 
If you are 100% sure it is not yours, and you just discovered it, then contact the police to file a report. That report is important in the dispute process.
 

 
Message 6 of 6
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