Need Help! PLEASE

[deesown]

It took MCM 9 months to send what they call 'VALIDATION"

the validation that they sent me was just 1 page of a xerox copy of a statement that had the charge off amount along with the OC name address and my name and address you know like a bill.
It was not the ACTUALLY statment but a COPY. It took them 9 months, to validate. Some say that all they need to send you is the OC name your name and amount.


So I am guessing I should send them a 2nd DV letter or has to much time past by?

Also i checked my CR and has Midland on it as follows:


MIDLAND CREDIT MGMT

Address:
8875 AERO DR
SAN DIEGO, CA 92123
(888) 403-6206 Account Number:
... Original Creditor:
FCNB-SPIEGEL


Address Identification Number: 0567807654


Status:
NO STATUS.


Date Opened:
12/2007
Date of Status:
12/2007
Reported Since:
12/2007
Last Reported Date:
N/A


Type:
NA
Terms:
1 Months
Monthly Payment:
N/A
Responsibility:
Individual


Credit Limit:
N/A
High Balance:
N/A
Recent Balance:
N/A
Recent Payment:
N/A


Your Statement:
Account in dispute under Fair Credit Billing Acts. Add a statement



my question is... Why does it STILL say no statues if this Collection agency claims they already sent me Validation of the debt?

Does this just mean the are awaiting for an answer or payment from me to update it on my credit report?????

[AngelinaCatHub]

I’m real hazy on what you are asking without more background. I would not kick the sleeping dog if you are showing a report as you listed. I see no information on it and weak information they sent you. What are you wishing? What is your complaint? More info, please. ‘Hub

[BigJohn]

I think the original poster is questioning what should he do now.


He questioned the validity of a debt in writing. He expected a response within 30 days but instead got a response in 9 months.




I had an incidence like that once. I wrote back to them that they failed to respond in 30 days and for them to stop contacting me and to also straighten up my credit report in regards to that matter. They did.



Recently, I had a friend who went thru the same scenario. She wrote to them but in her case she got a response within 30 days but the response did not address the verification of the debt. Because there was no verification of debt, she asked them not to contact her any more and to remove negative comments from her credit report, which they did.



Collection agencies want us to agree we owe the debt but we are under no obligation to admit anything. The burden of proof is on the collection agency that we owe the bill. As for the original poster is concerned, the collection agency 1. failed to provide proof within 30 days 2. and also failed to provide proof of debt.

To me, verification of a debt should show a copy of the receipt, and if it is a credit card transaction, it should show my signature.

If you ever audit financial records, it is receipts that are used, not financial statements. Financial statements are generated from receipts.

[treehugger1]

THE FDCPA doesn't say anything about how long a CA has until after they receive your request for validation.

In the CA's mind they have satisfied your request. I suspect that if you owe the debt and you have no counter-arguments, the missing info will soon show up on your CR for this collection account.

[BigJohn]

(a) Within five days after the initial communication with a
consumer in connection with the collection of any debt,
a debt collector shall, unless the following information is
contained in the initial communication or the consumer has
paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days
after receipt of the notice, disputes the validity of the
debt, or any portion thereof, the debt will be assumed
to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector
in writing within the thirty-day period that the
debt, or any portion thereof, is disputed, the debt collector
will obtain verification of the debt or a copy of
a judgment against the consumer and a copy of such
verification or judgment will be mailed to the consumer
by the debt collector; and
(5) a statement that, upon the consumer’s written request
within the thirty-day period, the debt collector will
provide the consumer with the name and address of the
original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within
the thirty-day period described in subsection (a) that the
debt, or any portion thereof, is disputed, or that the consumer
requests the name and address of the original creditor, the debt collector shall cease collection of the debt,
or any disputed portion thereof, until the debt collector
obtains verification of the debt or any copy of a judgment,
or the name and address of the original creditor, and a copy
of such verification or judgment, or name and address of
the original creditor, is mailed to the consumer by the debt
collector. Collection activities and communications that
do not otherwise violate this title may continue during
the 30-day period referred to in subsection (a) unless the
consumer has notified the debt collector in writing that the
debt, or any portion of the debt, is disputed or that the consumer
requests the name and address of the original creditor.
Any collection activities and communication during the
30-day period may not overshadow or be inconsistent with
the disclosure of the consumer’s right to dispute the debt or
request the name and address of the original creditor.



To me, it looks like the collection agency is starting all over for the original poster. So what I would do is write to them asking verification of the debt. It looks like the coolection agency knows they have lost but they will keep on trying hoping that the original poster will not respond within the 30 day time limit.

The collection agency sent the original poster only a statement. The " debt collector
(has to] obtain verification of the debt or any copy of a judgment , which I would say the debt collector has not done.

If I was the original poster, I would state this is the second time I have asked for verifiation of this debt and still have gotten no valid response back.

[treehugger1]

I would agree, but the FDCPA and FCRA (Fair Credit reporting Act) are two very separate issues. It currently appears that the credit report shows "disputed." Under the FCRA, I don't know how long a disputed report can remain.

For all I know (not that much most of the time,) the CA is correctly reporting to the credit reporting agencies that the debt is disputed.

There is a web forum called "credit net," or something like that, who might have more expereince addressing your particular problem. Try Googling "credit net."

[StartingOver08]

You can also try going to www.creditinfocenter.com to get additional info

[GoingDown]

Disputing the Validity, if you know you owe the debt, is just a method to buy some time.

However, if you truly feel you do not owe the debt, either because you already paid it off, or because it is someone else's debt (such as when someone with a similar name owes a debt, and the debt collector skip tracer mistakenly tries to go after you instead), then put these disputes in writing. If you paid it already, show them proof you paid it, and contact the creditor or CA you paid for a letter proving this. Sometimes you get lucky and they will help you with this. This is another example of why you want to get a settlement offer in writing from the creditor or CA BEFORE you pay them anything, so you can prove you paid it through settlement. Of the few accounts I settled out of court, I made them fax me a signed settlement agreement on their letterhead before I paid them anything. You can get a free fax number at K-7 that converts any fax into an email attachment and then sends it to your email address. If you want to fax them for free, try FaxZero.

In the case when it is someone else's debt, demand to see the signed application. Sometimes they will send it, sometimes they won't. This is the one example of when I would fight a lawsuit in court if they sued over a debt belonging to someone else. Make a motion for discovery demanding to see the signed application, and every statement showing what was purchased, where it was purchased, when, and who signed the receipt.

If you just want them to stop calling, send them a cease and desist letter. It usually works. The worst violator seems to be Phillips & Cohen Associates. With them, you have to send it by certified mail or they will just ignore it. But with most of them, sending it by regular mail works fine.

If it is identity theft file a police report and get an ID Theft Affidavit notarized and send them a copy of that.