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Credit Validation old Credit Card Statements

Date: Thu, 08/13/2009 - 18:19

Submitted by anonymous
on Thu, 08/13/2009 - 18:19

Posts: 202330 Credits: [Donate]

Total Replies: 7


After requesting validation from Midland, they have finally sent some copies of old credit card statements. The statements cover a 7month period, but are not the final statements. In the validation letter I asked for an accounting of how the balance was calcuated but have not received anything for that. The balance they say I owe is more than what is on these statements but I do not know how it is calculated. Is this proper validation or should I be entitled to some itemization on the balance they say I owe. Should I write them back or what should be my next step.

Thanks,


Default
I have now realized that I should have sent a letter referencing my rights under the TFC in the original DV letters. I did reference the FDCA in the first letter. Now that they have sent the credit card statements, but no accounting for the balance, do I still have time to exercise my rightrs under TFC?

I understand the TFC has a 30 day period for a response or I can demand deletion, but I should have stated that in my first letter. Or do the TFC rights still pertain to me even though I did not state them?

Background:
The first DV letter was sent within the first 30 days of the first notice. They responded with a basic letter stating that I owed on the account~3 weeks later. I followed up with a letter asking for proper validation and an accounting of the balance. ~2months later I received the credit card statement copies referenced above. Looking for suggestions on what I should do next.


lrhall41

Submitted by on Sat, 08/15/2009 - 10:47

( Posts: | Credits: )


Default
I have now realized that I should have sent a letter referencing my rights under the TFC in the original DV letters. I did reference the FDCA in the first letter. Now that they have sent the credit card statements, but no accounting for the balance, do I still have time to exercise my rightrs under TFC?

I understand the TFC has a 30 day period for a response or I can demand deletion, but I should have stated that in my first letter. Or do the TFC rights still pertain to me even though I did not state them?

Background:
The first DV letter was sent within the first 30 days of the first notice. They responded with a basic letter stating that I owed on the account~3 weeks later. I followed up with a letter asking for proper validation and an accounting of the balance. ~2months later I received the credit card statement copies referenced above. Looking for suggestions on what I should do next.


lrhall41

Submitted by on Sat, 08/15/2009 - 10:47

( Posts: | Credits: )


Default
I have now realized that I should have sent a letter referencing my rights under the TFC in the original DV letters. I did reference the FDCA in the first letter. Now that they have sent the credit card statements, but no accounting for the balance, do I still have time to exercise my rightrs under TFC?

I understand the TFC has a 30 day period for a response or I can demand deletion, but I should have stated that in my first letter. Or do the TFC rights still pertain to me even though I did not state them?

Background:
The first DV letter was sent within the first 30 days of the first notice. They responded with a basic letter stating that I owed on the account~3 weeks later. I followed up with a letter asking for proper validation and an accounting of the balance. ~2months later I received the credit card statement copies referenced above. Looking for suggestions on what I should do next.


lrhall41

Submitted by on Sat, 08/15/2009 - 10:48

( Posts: | Credits: )


There is a lot of debate about what constitutes proper validation. Most of the information that is requested in the standard templates is not required. Is the debt still owned by the oc, or was it sold to Midland? If this is your debt, I would contact the OC and find out who owns the debt. If they still have it, see if they have contracted to Midland. If not, if they sold it to them. The problem is that you need to make sure that Midland has the authority to collect. If they do, then you should try to work out a payment arrangement with them, in writing, and stick with it. I would not give them my personal banking information. I do not like collectors having access to my bank accounts. I'm kind of funny that way.
Above all, you want to make an arrangement so that you do not end up getting sued and losing a judgement. You cannot have your wages garnished in TX, but they can levy bank accounts, and they can put liens on your property. An unpaid judgement is also a VERY bad mark on your credit report.


lrhall41

Submitted by southernapostolic on Sat, 08/15/2009 - 20:12

( Posts: 302 | Credits: )


Thanks for the response.

I am willing to negotiate a settlement but am not sure on how to decide upon the amount to settle. Reason is I am trying to do a pay for delete with the conditions that they do not pursue further collections, not file a 1099C, and of course delete it from my CR. I am thinking of offering 25%-30%.

Also does anyone know of the negatives from trying to settle. Could they use it against me in court? I would word the letter in a way that says I still dispute the claim but am willing to settle in order to avoid hiring expensive laywers and going to court.


lrhall41

Submitted by on Sun, 08/16/2009 - 08:48

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