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midland funding llc & mcm

Date: Mon, 09/17/2012 - 16:47

Submitted by anonymous
on Mon, 09/17/2012 - 16:47

Posts: 202330 Credits: [Donate]

Total Replies: 3


ok please help me here i may be posting this in the wrong section so i apologize. approx 2 weeks ago i was sent a 'bill'. it looked like a bill anyway for a store credit card that mcm had control over now. one you can only use at that particular store. i am not sure if i paid this off or not. but i do know that i paid the bill until they stopped coming in the mail and there was a 0 balance on the card statement. i havent moved in 10 years, so the credit card place still has the correct address. fast forward to 2 weeks ago and mcm sent me a bill. i read around on the internet learning that they are bad debt collectors. i sent a letter to them asking for verification and validation both in the same letter. i returned receipt and certified mailed it. my questions are these
- how long do i wait if they choose not to sign/send the return receipt before i can send a cease communication letter?
- if i do receive the return receipt back how long do i have to wait for the proof i asked for ?
- i read on this site if they dont send proof, i can send a statement that mcm has violated the FDCPA. is there certain items of the FDCPA that i need to put in the letter or do i just type youve violated the FDCPA?
id like to meet the time limits/restrictions so that hopefully they will stop pursuing this with me. thank you for your help.


Quote:

- how long do i wait if they choose not to sign/send the return receipt before i can send a cease communication letter?

You will get the green card back. Curious...which DV letter did you send? Most DV letters on the net including the one on this site are so bad. I wrote a thread on how to write a proper DV letter.

Quote:
- if i do receive the return receipt back how long do i have to wait for the proof i asked for ?

There is no time limit....they just cannot continue collection efforts until they provide the proof.

-Quote:
i read on this site if they dont send proof, i can send a statement that mcm has violated the FDCPA. is there certain items of the FDCPA that i need to put in the letter or do i just type youve violated the FDCPA?

Nope.... there is no violation..... whoever posted that is most definately wrong. There is absolutely no requirement for them to send proof..however they cannot continue collection activities until they do so. Read the FDCPA.


lrhall41

Submitted by SOAPLADY on Mon, 09/17/2012 - 16:55

( Posts: 17315 | Credits: )


thanks for the answers. ok then i must have mis read this help page at this link http://www.debtconsolidationcare.com/validation.html#verification item #4

[LIST=1]

  • What to do if the CA doesn't validate debt: If the CA doesn't send you satisfactory proof, then you need to send them the documents below:

    • A copy of your validation letter
    • Copy of the return receipt
    • A statement that the CA has violated the FDCPA

    Under the FDCPA, if the collection agency doesn't validate your debt, then they can no longer collect the payment and they are required to stop contacting you.



    to answer your questions. 1.i dont know what a dv means but i wrote my own letter asking them for proof that i owed. the amount i owed and proof of any copies that showed i agreed to pay and proof that they can file/sue in my state. and asked that they prove statue of limitations has not expired. most of these points i read up on on the ftc faq page and put them in my letter to them. 2. so if they never answer or send proof is the matter then considered dropped or will they send it to court? if they send it to court what do i bring to the judge if as you say they only send the green card .
    im sorry there are more questions than answers in here.


  • lrhall41

    Submitted by anonymous on Mon, 09/17/2012 - 17:24

    ( Posts: 202330 | Credits: )


    Quote:

    1.i dont know what a dv means but i wrote my own letter asking them for proof that i owed. the amount i owed and proof of any copies that showed i agreed to pay and proof that they can file/sue in my state. and asked that they prove statue of limitations has not expired. most of these points i read up on on the ftc faq page and put them in my letter to them.


    Well I highly doubt that you found most of this on the FTC site. They do not have to provide proof that they can file in your state nor do they have to prove the statue of limitations to you. You copied those off a poorly written letter.

    I would suggest you READ the FDCPA.


    lrhall41

    Submitted by SOAPLADY on Mon, 09/17/2012 - 18:18

    ( Posts: 17315 | Credits: )