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Is this MOV ok?

nyccc2
Valued Contributor

Is this MOV ok?

This letter is a demand for a description of the process and documentation you received to verify that the debt listed below is in fact verified as belonging to me:

Midland Credit Management

Please be advised that in general simply contacting the Creditor by manual or automated means and asking ‘is this debt being reported correctly’ does not constitute verification.  However in this case given that I previously provided you with evidence that the original creditor Household Bank investigated this account and removed it from my credit reports because they had no documentation proving it was my account, AND proof that I had requested the same (non-existent) documentation from Midland Collections who ignored my request, anything other than complete documentation to verify this debt is keeping with neither the spirit nor the letter of FCRA § 611(a)(6) and (7). 15 USC 1681i.

Please provide concrete evidence and copies of same that you have verified that Midland Credit in fact has full documentation that this is a valid debt belonging to me, since as I’ve pointed out the Original Creditor has no such documentation and Midland has refused to provide it to me.

If you have not verified it in this manner, and cannot provide evidence within 15 days of the receipt of this letter that you have, I will have no choice but to file suit for willful noncompliance of the FCRA laws. 

My lawyer now has possession of all prior documentation from and to your Reporting Agency, Midland Credit and Household Bank and will take any necessary steps if this is matter is not resolved fairly in the time period allotted.  For your reference, I am including here, for the second time, the letter from Household Bank that shows this account is not mine. This will help you make the correct decision to remove this item from my reports immediately.

MyFico Scores (TU/Exp/Efx):

11/02/08 696 / 695/ 737- 5/4/08: 667 / 703 / 668 - 11/07 Low 500s All (Fako)
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1 REPLY 1
phxwilson
Regular Contributor

Re: Is this MOV ok?

That is the best letter on this site!  (Also, nice to see minimal use of CAPS.) 
 
I don't think that you need the sentence about "your lawyer" being in possession ... it begs the question of why your lawyer isn't the one contacting them.  Obvious posturing generally incites laughter more than fear.  They know attorneys don't take these little suits.  It only scares them if you're going to commence a class action.  They would be more likely to be afraid of an articulate and rational debtor who understands the law, because those are the ones that are most likely to pursue a claim on their own in court.
 
Good work!
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