Is this a good example of a debt validation?
Date: Thu, 01/20/2011 - 10:30
First, I believe the claim to be fradulent. I do have an account with CC listed, but it is current. The account numbers are different by a few numbers.
I asked Midland to send debt validation. What I got was a copy of a June 2008 monthly billing statement--which shows the "account" to be up to date. That's right...there is no "past due amount" owed. (The address is also two years old in 2008..)
Now they have apparently sent this "debt" to an in-state law firm. I wrote to them, explaining the situation and again asked for debt validation. I got the same monthly billing statement and a bad copy of the CC's payment dispute policy.
I have no record of the CC ever contacting me about this account that I supposedly defaulted on.
What is my next step?
Thank you!
now when you say monthly billing statement was it like a stateme
now when you say monthly billing statement was it like a statement the CC company would send,or is it one i could have typed up?you see midland is a dirty bottomfeeder that doesn't play fair at all.so please answer that question,and it help us advise further.
The statement
It looks exactly like a CC monthly statement. (Ironically, like the one I get from the real account...)
It shows the amount I supposedly owe, a request for a payment of $15 and no "past due amount."
The in-state law firm says this is my "final billing statement."
Tobin
is it a chargeoff statement? a chargeoff statement might show no
is it a chargeoff statement? a chargeoff statement might show no balance because it lists the past due payment as a charge off credit.
well then get something from the CC company that this is current
well then get something from the CC company that this is current.then send it to this lawyer.btw who is the law firm?i would love to know as midland is one of the lowest bottomfeeders out there,and it doesn't suprise me in the least that they are trying to get $$$ from a person with an account that is up to date.
btw since the account number is off by a couple of numbers they
btw since the account number is off by a couple of numbers they validate that they are a bottomfeeder.
Monthly statement
There is nothing in the statement that says it is a final billing statement or a charge off statement. It is a run-of the-mill monthly statement.
I am relunctant to share any information with this law firm. I haven't given them any phone numbers. I simply told them I do have an account with this CC and it is current and in good standing. I told them the account is different by a few digits.
What I got back was what I described and a note saying: :Pursuant to your request, enclosed please find your final billing statement."
The law firm is Wetsch, Abbott & Osborne (Des Moines). They are legitimate, as far as I can tell.
So, what next? Is this any kid of example of a debt validation? I expected much more.
Tobin
no because the account numbers don't match even if the card wasn
no because the account numbers don't match even if the card wasn't up to date that's a big red flag.again contact the CC company and inform them of this,and see what they can do.since they either sold,or gave your account info in error they should handle it.i will PM skydiver and have him weigh in as well.stay tuned.
wow... just when I think that MCM cannot surprise me any furthe
wow...
just when I think that MCM cannot surprise me any further....
OK, first of all, sending you a billing statement from 2008 does not at all constitute validation. I can tell you from personal experience that this is not an easy company to deal with--they act like they simply do not care about following the law whatsoever. Midland did not come anywhere close to properly validating this debt.
Also, it is not possible for that to be your "final billing statement" because it shows no past due balance at all. A "final billing statement" would show the past due amount and it would not at all say that you are not past due. Original credit card creditors may charge you off after a few months of not paying, but there's no way that they wont send you a late notice when you havent paid. What a joke.
OK, contact the CC company, and explain to them what is happening. Tell them that Midland is claiming that they own this debt. What youre looking for is for your CC company to send you a written notice confirming that you still have this account in good standing with them, and that they still own it. This will be your backup--your insurance, if you will.
Next, you should send a certified letter to both Midland and to this lawyer. Tell them both that what they provided is not even close to proper validation. Tell them that the CC account that you have is not only not past due, but the account is still open and in good standing with the original creditor. In the letter that you write for Midland, I would include something like this:
Quote:
Since you have been notified in a timely fashion that I dispute your claims regarding this account, you are bound by the FDCPA to properly validate a debt before you are allowed to continue any collection effort. You have failed to validate this account in accordance with the FDCPA, and yet you still continued to take collection activity against me by sending this account to an attorney for further action. This constitutes a direct violation of section 809(b) of the FDCPA. I must inform you that should you insist on continuing to violate the law and abuse my rights under that law, I will have no choice but to take any necessary legal actions to protect my rights from any further abuses. |
My next step would be to file complaints with the FTC and your state's attorney general's office. I would file these complaints against Midland and the attorney. When you speak to the CC company, it would be a good idea to give them the account # that appears on the statement Midland sent to you. They may not have any info on it, but they just might. They might be able to tell you if it is even a valid number or not. Since you live in Iowa, it is legal for you to record phone conversations as long as one party to the call consents. You can record the call with the CC company and you dont even have to tell them that you are doing so. I would record that call. Record the whole call, from start to finish. When I record a call, I first state the date and time that I am making the call, and I state who I am calling. I state the phone number that I am calling. And then I dial the number while the tape is rolling. That way, I get every detail on tape, and Midland cannot come back later with something like "how do we know that you didnt set this up with a friend that pretended to be the CC company?"
About the account number--since it appears on the "billing statement" that they sent you, then that is the number that would have to be from the OC. CA's often change account numbers on a debt once they buy it to match their own internal sequencing. But this one supposedly came from the CC company. Definitely ask the CC company about it. I looked on www.naca.net and found four attorneys listed in the Des Moines area that you could call and consult with--as at this point it appears that you may have grounds to sue Midland and collect money from their retardedness. go on that site--naca.net--and you can search for FDCPA attorneys in your area.