Midland Credit Management

I don't believe there is a SOL on validation, they must validate a debt they are trying to collect. If they cannot validate the debt, put in a written dispute with the three major credit bureaus advising them of the situation and ask it be removed from your credit report. The bureaus have 30 days to provide you with a corrected report with the status of the account.

My guess is if Midland cannot validate the debt for you they cannot validate the debt for the bureaus and it will be deleted.

Thanks for your response Lostindebt. I have disputed this debt more than once with all three credit reporting agencies. It keeps coming back "verified." They have illegally moved forward the date of last activity by 18 months. This is a clear violation of my consumer rights. They refuse to validate and the 3 CRA's agencies refuse to do anything about it. Any thoughts?

I'd be wanting to know just exactly how the CRAs 'verified' the debt. You may well have to call them. Stay polite, but stand your ground. If they're contributing to a problem, they can be held liable right along with the CAs, and they know it.

You got a point there Unclewulf! I'm gunna give them all three a call next opportunity I get and ask them exactly how they verified! That's a starting point I reckon........

At this point, I don't reckon you've got anything to lose on the deal.

Credit bureaus don't have liability until they fail to do a reasonable investigation, like here. You can request in writing the content of their investigation into your dispute.

midland credit management is known to try to collect fraudulent accounts (See court cases in San Antonio, Bexar County, Texas brought by LAW OFFICES OF DAVID SCHAFER, one in district court, one in county court.)

You have 30 days after the initial contact (by phone or mail) from Midland to dispute,in writing, the validity of the debt. After that they no longer have to provide you proof of the debt as the law says they can assume it is valid. Have you tried researching Fair Debt Collections Practices Act (fdcpa) laws. I worked for a couple of different collection agencies and we had to follow those laws. And it isnt just Midland Credit Mgmt that has tried to collect fraudulent debts. Pretty much any collection company will try and if they cant then they sell the debt to another company, that is how the process works.

30 days after the initial contact (by phone or mail)

What?? 30-days after a phone contact even if they havent sent you anything in writing???

Hey everyone..I wanted to bump this. Is this true what was posted above about initial phone contact?

I always thought it was within 30 days of the initial contact, same amount of time they have to mail you the mini miranda (if it's a phone call).

They don't want to validate the OP's debt because in doing so they'd give him what he needs to prove reaging.

Did they respond in writing that they do not/will not validate?

I was inquiring about the statement made above from "retired from collecting".

I didnt think it was the mini miranda, whether it be by phone or mail, that displays your rights to validate a debt. The mini miranda is on the letters and verbalized over the phone, but I understood that the 30-days began with the inital dun letter that spelled out your rights to validate.

So just wanting to know if that is true...if the 30-days can begin after the initial call without neccesarily having to have the inital dun letter.

i just saw my name being sued by them did not no i owed any money

Volleyballmom, I just brought up the mini miranda because it's the same amount of time (30 days). I'm pretty sure validation needs to be done within 30 days from the initial contact whether it's a verbal contact or mail.

I'm in agreement with you guys, the way the fdcpa reads to me is you have 30 days from the initial contact to dispute the debt. This is either by phone or mail.

That being said, there is a part of the FDCPA I believe the CA's like to ignore. It is section 809.c, and reads:

The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

What this means to me, and someone correct me if I'm wrong, if the CA tries to take you to court they are still going to have to validate the debt. Is this correct?

When the collector gets you on the phone for the first time, are you saying that they should tell you that you have 30-days to ask for validation (the same way it is required to be listed on the inital dun letter)?? Because I can tell you that no collector has ever told me that on an initial call.

I ask because I have a CA that has been calling (I havent talked to them yet), and not ONCE have I gotten anything in writing.

But what if you never received anything from them? And never recieved a phone call? Honestly! Can they "prove" they contacted you? What if you just recently checked your credit and see something that has been there for years? So they are not required to validate???

I just got a statement from midland credit management...sent initially to my family's home address, where I haven't lived in seven and a half years...to someone whose first name is the same as my middle name, but their middle initial does not correspond with my first name...claiming to be collecting a debt for a bank where I have NEVER had an account. Personally, I'm thinking it's time to call BBB and put them on the trail...

BBB can maybe do a little. While you're at it, file a report on ripoffreport.com. Then go to the FTC and the Attorneys General of your state and theirs. File complaints with all three of those for sure, because that's the end with the teeth.

Can the CA even prove they made contact, saying they called and spoke to someone or sending a mail regular mail is not proof they made contact. Just as easily you can say you disputed it and they can say you didn't. Whether dealing with a CA or the Big three bureaus send everything so it can be proved that they received something. You need to dispute the account with the credit bureaus and ask them for proof of verification including how they verified it. CA's also like to reage debt when you are in contact with them. Never deal with a CA directly they ignore the laws and try to use there power to get you to pay, whether legal or not.

[font=Georgia][/font][color=Green][/color][size=3][/size] 8) you no if there is no contact about the debt there is no validation. not nessacarily saying you are ignoring the debt, but sometimes honestly not knowing until you get a credit report, like me. i have a medical debt from midland that no one at midland can verify saying they don't deal with medical accounts. knowing full well myself i have no medical debt i'm fighting their ass%%. just as mentioned before ca's buy and sell bs accounts to see if they can find dumb people to not admit the debt belongs to them and that's how they sucker people into the 30 day deal. because they have that contact, once they do correspnode with you either via mail of phone, ignorance of not knowing how to go about validating their debt, will get that guilty verdict from the jury(the courts).

Your right, ignorance is their ally. Advocates are the consumer's ally... That would be this website and a few others like it.

One should never verify thet the person anyone is asking for is there or speaking on the phone unless you know who has called you. i.e., a friend, co-worker, etc. If you continue to do this they stop calling, if it's someone you know, they'll call back. Never engage in conversation with a collection agency. Let them put it in writing. If it's valid, make them work for it.