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Debt Validation sent ignored then resold, have a question..

Date: Sat, 01/19/2008 - 20:25

Submitted by anonymous
on Sat, 01/19/2008 - 20:25

Posts: 202330 Credits: [Donate]

Total Replies: 14


I Dv'd this CA ( Enhanced Recovery corp) back in November of 07 and it seems they have sold it to another CA. Have not heard from them since.

The New CA is called midland credit management, out of Los Angeles-zip 90084. I have been sent a settlment offer from them. their letter states as follows:

Welcome! we have a great offer for our new customers.

Midland Funding recently purchased your FCNB-SPIEGAL account and we are the server of this obligation. We are currently able to offer you a 40% off your balance settlement offer, to resolve your account. If you decide to take this offer we will notify all Credit Bureaus and "paid in full" To accept this offer you must accept by 02-18-08.


On the back of that letter it does state that unless I notify MCM within 30 days of notice that i dispute validity they will assume the debt is valid. It also says if i notify them in writing within those 30 days they will obtain vertification of the debt or a copy of a judgement (if there is a judgement) and they will mail me a copy of vertification or judgement.

wondering what my next step should be. Should I DV this CA as well see what happenes?

Also on my credit report it says this account first went into 30 days late on October 2005. Does the default start from this date? Is that near my SOL? I live in CA.


The reason they sold it is because they couldn't validate. If you sent a DV letter to them they will probably sell it again or try to file suit. If they do sue you then you can request validation during the discovery phase in a motion to show cause. Which they probably won't be able to and you could then motion to dismiss with prejudice.


lrhall41

Submitted by JCEMT on Sat, 01/19/2008 - 20:58

( Posts: 2934 | Credits: )


The same thing happend to me with my origanal $2,500 25 year old student loan that has been paid off over and over that FMS Inc. collections said that I owe now over $6,000. I sent them a validation letter and had to call before the month was over to see what they where going to do about it and they said, "DA, we gave it to Endevour (something). I said now what, and they said "DA, heres there number". That has been 3 months ago and still I have heard nothing more. What a RACKET!! I hope they all rot in hell. Other than that, Im fine.


lrhall41

Submitted by Lukeskywalker on Sun, 01/20/2008 - 07:25

( Posts: 1909 | Credits: )


I would suggest sending them copies of the student loan's balance before it was charged off as well as copies of the receipts with a letter stating that it's been paid off and here is the proof. If you can, try to contact the entity(ies) you paid off and see if you can get a PIF letter to send with it.


lrhall41

Submitted by JCEMT on Sun, 01/20/2008 - 19:53

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If they file suit without responding to the DV, you can force them to validate through discovery and when they can't, you can then motion to have the case dismissed with prejudice. Then you can counter sue them for the FCRA and fdcpa violation, including using the court to continue collection activity when validation has been demanded.


lrhall41

Submitted by goldenbast on Mon, 01/21/2008 - 08:02

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golden hit it right on the head--if they initiate a lawsuit against you after they received your DV letter, then they filed that lawsuit illegally. Right there, you have sufficient reason to have it thrown out. The fdcpa prohibits any collection activity from taking place once they receive a DV request from you--until they satisfy that request they cannot call you to ask for payment, send you dunning letters, or continue to report the debt on your credit bureaus.

If they got your DV letter, didnt answer it, but continued any of the above actions(or continued any other collection actions), then you should consult naca.com and locate an attorney in your area. At that point you have the perfect cause for a lawsuit of your own. Dont let CA's act against you illegally, even if the debt is one that you legitimately owe.


lrhall41

Submitted by skydivr7673 on Mon, 01/21/2008 - 21:15

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