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07-07-2008, 05:39 PM

it has been over a month and i have received no response to my debt validation letter from Midland Funding. I sent the letter via registered mail so I know that they have received it. What is my next step. Thank you to all!!!!

07-07-2008, 06:25 PM

i forgot to note that i did get an arbitration letter a few days ago. what do i do?

Shazzers · 07-07-2008, 07:27 PM

An arbitration letter from Midland, after they received the validation letter? Seems to me that's an attempt to collect, isn't it? That's a big no no during validation and a violation of the fdcpa. If I am wrong, someone please correct me.

07-07-2008, 07:34 PM

That is correct! No attempts to collect during DV period...

hopefully the DV letter was sent during the 30-day window and you have proof they received it.

07-07-2008, 07:40 PM

i have the green card verifying that they received my letter.....what is my next step?....i really want the account removed off my credit. Thanks again.

07-07-2008, 07:51 PM

Send them another letter....attach your original DV letter, a copy of your green USPS receipt and a copy of the letter they sent you and tell them that they have violated the fdcpa by continuing to collect while they were on notice to validate the debt.

You say they reported this to your credit? That is ALSO considered collection activity...strike 2. Also put that on the letter and demand they remove it.

Keep all your documentation and in the letter let them know you are considering legal action of they dont stop.

07-07-2008, 07:54 PM

can i send all my documents to the credit bureaus to have the account removed from my CR? Will they be able to do so?

Codie · 07-07-2008, 09:36 PM

Fix,

At this point you should not send anything to the credit bureaus as they will not help you at all.

You need to arm yourself with information on arbitration -- which has become an insidious tool used against debtors. Do a few web searches on 'arbitration' or something like 'arbitration justice', 'arbitration help', etc.

The info is out there!

07-08-2008, 05:30 AM

...or better yet, do a search on fdcpa violations, since this is a clear cut case based on what you have told us. Not sure what doing a search for "arbitration" is supposed to do to help you. You do not want to go to/choose arbitration with these idiots should you decide to take action against them.

And YES you SHOULD dispute it with the credit bureau...

NASCAR_Devil · 07-08-2008, 05:55 AM

The search for Arbitration is going to help the OP prepare for this "Kangaroo Court" that will make a ruling against them that they will have little or no input in. They don't get to "choose" Arbitration. It has been chosen for them. Looking for fdcpa violations is all well and good but that needs to be put on the back burner for now. One violation ain't squat when it comes to dealing with the NAF. Guest, you might want to read up on "Arbitration" before throwing in your .02 cents.

07-08-2008, 05:57 AM

actually there are 2 violations...but thanks!

NASCAR_Devil · 07-08-2008, 06:51 AM

Since the fdcpa is a per action and not a per violation statute, it's still irrelevant to the OP's situation.

Question for the OP: Was your DV timely? W/in 30 days of INITIAL Dunning letter?

jj · 07-08-2008, 01:42 PM

while arbitration may be the vehicle by which contractual disputes are resolved, it does not give them a right to violate the fdcpa. one might be able to use the specter of FDCPA violations as leverage before/during or after arbitration.

jenoliver33 · 07-08-2008, 02:16 PM

good info jj!

NASCAR_Devil · 07-08-2008, 05:14 PM

But no violation exists if the DV was untimely. Guess we'll have to wait until the OP responds.

07-08-2008, 05:30 PM

thanks for all the responses guys.....
This account has been on my CR for a while but i was unaware of its existence. I did receive letters from Midland a couple years back but I ignored them. Now that I sent my DV letter i only got an arbitration letter back?