Need advice on old account now being threatened with lawsuit
Date: Mon, 04/16/2007 - 13:42
Send them a debt validation letter(attorney&creditor). In letter
Send them a debt validation letter(attorney&creditor). In letter,put in writing that this is an illegal disputed debt.Send certified return receipt.
I have the sample letter that you posted on the site and I am ad
I have the sample letter that you posted on the site and I am adding my account number to it. I am wondering how to also include the following information in the letter. Any advice on how to properly word this to them, and where to actually place it in the letter would be greatly appreciated! Thanks again for your help!!!!
As an added note, this account in question has been put into dispute on my credit report with Equifax. The original creditor charged this debt off in December of 2002 and did NOT report it on my credit report. They accepted responsibility for the debt, as it was their fault. I would like to know what Midland Credit paid for this account.
Try to personalize the example you are using, many creditors are
Try to personalize the example you are using, many creditors are seeing the same letter over and over and not responding as well, so mix it up a little, so they don't say it is an internet form letter.
What is the statute of limitations in your state. Did they tell
What is the statute of limitations in your state. Did they tell you that they will sue if your don't pay? Also, follow cajunbulldog's advise.
sent verification letter, now what??
Okay, I followed your advice and sent the letter in. They signed for it on April 19th and it is now May 17th. Tomorrow is the 30 day mark and they haven't responded at all. What next? Are they supposed to remove it now? Do I send another letter asking for the removal? Please advise! Thanks again!!
Unless there is state law otherwise, they don't have any time li
Unless there is state law otherwise, they don't have any time limit to respond. They can even choose not to respond and cease collection activity. If you are talking about a remark on your CR, demand it be removed because the collector could show no proof of your obligation.
i just pulled a new report and it does appear that midland dropp
i just pulled a new report and it does appear that midland dropped the attorney, but now I just have to wait and see if they validate. Should I send another letter of verification to midland?? Or just a letter notifying them that their attorney was not able to verify and demand that it be removed from my report? Or, do I call Equifax and explain it all to them and have them remove it?? Sorry for so many questions. I just want to make sure that I get this taken care of. We really want to buy a house and this is killing us!
I'd call Equifax, they might ask for you to send it in but atlea
I'd call Equifax, they might ask for you to send it in but atleast you tried to call, have you tried to dispute it online?
Quote:Okay, I followed your advice and sent the letter in. They
Quote:
Okay, I followed your advice and sent the letter in. They signed for it on April 19th and it is now May 17th. Tomorrow is the 30 day mark and they haven't responded at all. What next? Are they supposed to remove it now? Do I send another letter asking for the removal? Please advise! Thanks again!! |
Ok, the fdcpa states that a CA must provide validation of the debt within five days of original communication with you. The letter and phone call you received both qualify as initial contact. This information can be found in section 809 of the FDCPA.
Most CA's seem to either not know this, or not care about it, as I have not once ever seen anyone get this validation from a CA within those five days. There is, however, no time limit on how long they have to respond to your request for validation. The real issue now will be what they do next--if they call you or send you another demand for payment notice before you get validation, they have just broken this law again. In the same section it requires the CA to stop collection efforts until that validation is sent to you. At this point, it is up to what they do next.
I also find it quite strange that their very first communication with you threatened a lawsuit. This is a scare tactic used to try to get the consumer to hurry up and pay. I believe that the CA thinks they can create enough urgency that the debtor will not question what they say. This is illegal as well, if they really have no intention of suing you right now. Under FDCPA, they are not allowed to threaten any course of action whatsoever unless they are fully prepared to do it when they threaten it. They cannot just throw out threats of legal action unless it is their genuine intention, and when a CA first contacts you, there is no way that the intention is immediately to sue. If that were the case, most of the people on this forum would have already been sued like that. It simply doesnt happen as far as I can recall.
They know they are required to validate the debt. The only reason why they would not be required to is if you voluntarily pay them first. I believe this is a scare tactic to get money from you without having to jump through all the hoops the law requires. If you dont get validation within the next couple days I would send them a letter demanding that they cease all efforts to collect, and that they remove all reports on this debt from the three credit bureaus immediately, since they have not provided the validation that the law requires. Be sure to send it certified RRR as well. Remember, any collection activity they continue with will be illegal unless they send the proper validation first.
Let us know what happens with them.
Thank you so much for your advice, skydvr. I actually just got o
Thank you so much for your advice, skydvr. I actually just got off of the phone with equifax. The lady that I talked to said that I had already done everything she would have told me to do and that she was at a loss with what I should do next. My thought here is that if Midland's attorney wasn't able to validate, then midland won't be able to either, right? Or is that just wishful thinking on my part? haha. I will send the letter in that you mentioned and pray for the best! Thanks again. I really appreciate the help!
good deal, glad that worked out so far. Question for you--is
good deal, glad that worked out so far.
Question for you--is the attorney employed by Midland, or is it an attorney they have retained for this issue? If this attorney has represented himself as speaking for Midland, then yes, that should mean that they have to act on the fact that he could not validate the debt. If he is a separate entity entirely, then he is simply another third party collector in the eyes of the law. And as such, Midland still needs to get a shot at validating this debt. However, chances are probably pretty good that if he couldnt validate it, they wont be able to either. Dont count on that, it is just my opinion, and hopefully I am right on that. Typically, if the info needed to validate the debt as yours was out there, then it would probably have been found by this attorney--after all, thats his job. If he cannot find info that is readily out there, then he cannot be much of a lawyer or a debt collector.
Me personally, I like the 30 day limit. Perhaps it would be a good idea to send this lawyer another letter, again by certified mail RRR, stating that you have demanded validation and they have not supplied it. Also, state that since they have been unable to provide the validation that federal law requires, you now want this debt collection to cease entirely, you want all references to this debt to be removed from your credit reports with the three major credit bureaus(all three major bureaus, make certain to request that for all three)....
If they have not validated this debt, and they do not remove it from your credit files, then they are in violation of both the fdcpa and the FCRA, both federal laws. The law also states(in the FDCPA) that they are not allowed to conduct any further collection attempts until they provide the needed validation, so if you get a phone call, letter, etc, from either Midland or this lawyer, be sure to document it, even record the call if you have the means as long as its allowed in your state. But I would definitely send them this letter--if you keep waiting, then nothing will happen. They have already shown that they either cannot validate it or are not willing to--and both of those work in your favor.
Keep us posted!!
EDIT--by the way, when I do a validation letter, I include a paragraph in there that states this:
Of course, in your case now, send them a letter, I would too if it were my case, but this may help in the future to convey your intentions to them up front. I can imagine that it will be necessary to play hardball with some of these CA's, as they often dont care about what the law states. Good luck!
UPDATE!!
Okay, just got off of the phone with Javitch Block Rathbone attorneys. They were retained by Midland to collect on this debt. I talked to the same guy that I talked to last month and asked him if he recieved my letter of validation. He said yes and that he was unable to verify so the case was closed on his end and he was sending it back to Midland!!! Now, chances are Midland will resell this to yet another agency and then I will have to start all over on this stuff! There has to be a way to stop this! Is this the point where I send the letter demanding removal to Midland? Do I also send a letter telling them not to resell it or do they have the right to do that no matter what I say? I spoke with my own attorney this morning and they said to wait it out, and that I would probably have to just start over with a new agency, but this is nuts!!! Anymore advice? Thanks again, you guys have all been awesome!!!
updates
Not sure why that last thing I posted says guest. Guess I forgot to log in. Here it the letter that I just typed up to send to the attorney. Let me know if this is worded right. Thanks!!!
I am writing this letter in regards to a phone conversation you had with my wife, Jessica, on May 29, 2007. In that conversation, the validation letter that I sent to your offices was referenced and in response, you said that you were unable to validate the debt in question. I am requesting that you send to me in writing that you are unable to verify this debt. I am also requesting that all reports of this debt be removed from the three major credit bureaus immediately. According the FCRA, Sec. 611, (5) A, if you are unable to provide me with the information and validation that was requested, all reports must be removed and all collection efforts must cease. I thank you in advance for your cooperation in this matter.