CA alleges Validation letter was sent in 2005

midland credit management is in the habit of using various malpractices. I hope you had sent the last debt validation letter through certified mail. Now send another DV letter asking them to validate the debt through certified mail and also ask for a return receipt nad keep it with you as a document.

When was the last time you paid on the account? What state are you in?

We are re-sending certified, didn't know to do that before. The last time it was paid was in early 2002. Not known specifically when. We are in Oregon.

OR has a 6 year SOL on all consumer debt. That clock started ticking on the date of last payment. If it was early 2002, sounds like Midland is SOL due to SOL. Their threats of legal action are a violation since the debt is time-barred by statute. How is it reported on your credit reports? Is MCM and the OC reporting? Need to get the players traight on who owns the debt.

That still doesn't answer my original question, is there a 45 day window that the "customer" is required to respond after the CA sends Validation, otherwise the CA does not have to respond to further requests for Validation?

There is nothing in the fdcpa about a 45 day time frame to respond to a CA if they provide validation only that a consuker has 30 days from receipt of the initial dunning letter to dispute a debt. Since you have never received validation then I would consider their continued collection efforts a violation. I would see if you can verify that early 2002 for the date of last payment is accurate and if so, send them a full cease comm.

They allege that they sent the LOV to a PO Box. Nobody remembers receiving it. We are still trying to establish when the last payment was made. If it was later than that, what are appropriate next steps?

Delay delay delay. Did you have a PO box as your mailing address? Send a follow up DV letter stating that they have not provided validation.